please read carefully! scope of serviceoutdoornebraska.gov/.../01/rfp_aac_5201z1_01272016.pdf · vi...

State of Nebraska

REQUEST FOR PROPOSAL FOR CONTRACTUAL SERVICES FORM

RETURN TO: Nebraska Game & Parks Commission 2200 N 33

rd Street

Lincoln, NE 68503 Phone: (402-471-5400 Fax: 402-471-5650

SOLICITATION NUMBER RELEASE DATE

RFP 5201Z1 January 27, 2016 OPENING DATE AND TIME PROCUREMENT CONTACT

February 23, 2016 2:00 p.m. Central Time Jolene Kumpula

This form is part of the specification package and must be signed in ink and returned, along with proposal documents, by the opening date and time specified.

PLEASE READ CAREFULLY! SCOPE OF SERVICE

The State of Nebraska, Department of Game and Parks Commission, is issuing this Request for Proposal, RFP Number 5201Z1 for the purpose of selecting a qualified Contractor to provide Design, Construction, Operation and Maintenance of an Aerial Adventure Course. Written questions are due no later than February 5, 2016, and should be submitted via e-mail to [email protected]. Written questions may also be sent by facsimile to 402-471-5650. Bidder should submit one (1) original of the entire proposal. Proposals must be submitted by the proposal due date and time. PROPOSALS MUST MEET THE REQUIREMENTS OUTLINED IN THIS REQUEST FOR PROPOSAL TO BE CONSIDERED VALID. PROPOSALS WILL BE REJECTED IF NOT IN COMPLIANCE WITH THESE REQUIREMENTS. 1. Sealed proposals must be received in Nebraska Game and Parks Commission by the date and time of

proposal opening indicated above. No late proposals will be accepted. No electronic, e-mail, fax, voice, or telephone proposals will be accepted.

2. This form “REQUEST FOR PROPOSAL FOR CONTRACTUAL SERVICES” MUST be manually signed, in ink, and returned by the proposal opening date and time along with bidder’s proposal and any other requirements as specified in the Request for Proposal in order to be considered for an award.

It is the responsibility of the bidder to check the website for all information relevant to this solicitation to include addenda and/or amendments issued prior to the opening date. Website address is as follows: http://outdoornebraska.gov/aerialadventurecourse/ and http://das.nebraska.gov/materiel/purchasing.html.

IMPORTANT NOTICE: Pursuant to Neb. Rev. Stat. §84-602.02, all State contracts in effect as of January 1, 2014 will be posted to a public website beginning July 1, 2014. All non-proprietary or confidential information as defined by Law WILL BE POSTED FOR PUBLIC VIEWING. Contractor hereby grants permission to the State of Nebraska and/or its agencies to reprint or republish any and all copyrighted documents related to Contractor’s response to this Request for Proposal, and any and all figures, illustrations, photographs, charts, and other supplementary material on a website accessible by the public pursuant to Neb. Rev. Stat. §84-602.02. This waiver does not apply to proprietary information properly submitted in a separate sealed, package clearly marked “Proprietary.” Contractor represents and warrants that the contents of this response to Request for Proposal and all figures, illustrations, photographs, charts, and other supplementary material herein are original and do not libel anyone or infringe upon any patent, copyright, proprietary right, or any other right whatsoever of any other party. Contractor represents and warrants that Contractor has full power and authority to execute this Copyright Release and to grant the State of Nebraska and/or its agencies the right granted herein.

http://outdoornebraska.gov/aerialadventurecourse/

BIDDER MUST COMPLETE THE FOLLOWING

By signing this Request for Proposal for Contractual Services form, the bidder guarantees compliance with the provisions stated in this Request for Proposal, agrees to the terms and conditions unless otherwise agreed to (see Section III) and certifies that bidder maintains a drug free work place environment. Per Nebraska’s Transparency in Government Procurement Act, Neb. Rev Stat §73-603 DAS is required to collect statistical information regarding the number of contracts awarded to Nebraska contractors. This information is for statistical purposes only and will not be considered for contract award purposes. _____ NEBRASKA CONTRACTOR AFFIDAVIT: Bidder hereby attests that bidder is a Nebraska Contractor. “Nebraska Contractor” shall mean any bidder who has maintained a bona fide place of business and at least one employee within this state for at least the six (6) months immediately preceding the posting date of this RFP. _____ I hereby certify that I am a Resident disabled veteran or business located in a designated enterprise zone in accordance with Neb. Rev. Stat. §73-107 and wish to have preference, if applicable, considered in the award of this contract. FIRM:

COMPLETE ADDRESS:

TELEPHONE NUMBER: FAX NUMBER:

SIGNATURE: DATE:

TYPED NAME & TITLE OF SIGNER:

ii

Contractor agrees to indemnify, defend, and hold harmless the State of Nebraska and/or its agencies against any and all claims, suits, and/or judgments, including costs, expenses, damages, and reasonable legal fees based upon and arising from Contractor’s violation of the rights of others and/or by reason of a breach of any of the foregoing warranties.

Agency RFP Revised: 09/23/2015 iii

TABLE OF CONTENTS

REQUEST FOR PROPOSAL FOR CONTRACTUAL SERVICES FORM .......................................................... i

TABLE OF CONTENTS ................................................................................................................................... iii

GLOSSARY OF TERMS .................................................................................................................................. vi

I. SCOPE OF THE REQUEST FOR PROPOSAL ..................................................................................... 1

A. SCHEDULE OF EVENTS ........................................................................................................... 1

II. PROCUREMENT PROCEDURES ......................................................................................................... 2

A. PROCURING OFFICE AND CONTACT PERSON ..................................................................... 2

B. GENERAL INFORMATION ........................................................................................................ 2

C. CUSTOMER SERVICE .............................................................................................................. 2

D. COMMUNICATION WITH STATE STAFF AND EVALUATORS ................................................. 2

E. NOTIFICATION OF INTENT TO BID .......................................................................................... 3

F. WRITTEN QUESTIONS AND ANSWERS .................................................................................. 3

G. PRE-PROPOSAL CONFERENCE .............................................. Error! Bookmark not defined.

H. ORAL INTERVIEWS/PRESENTATIONS AND/OR DEMONSTRATIONS ................................... 3

I. SUBMISSION OF PROPOSALS ................................................................................................ 3

J. PROPOSAL OPENING .............................................................................................................. 4

K. LATE PROPOSALS ................................................................................................................... 4

L. REJECTION OF PROPOSALS .................................................................................................. 4

M. EVALUATION OF PROPOSALS ................................................................................................ 4

N. EVALUATION COMMITTEE ...................................................................................................... 5

O. MANDATORY REQUIREMENTS ............................................................................................... 5

P. REFERENCE CHECKS ............................................................................................................. 6

Q. SECRETARY OF STATE/TAX COMMISSIONER REGISTRATION REQUIREMENTS ............. 6

R. VIOLATION OF TERMS AND CONDITIONS ............................................................................. 6

III. TERMS AND CONDITIONS .................................................................................................................. 7

A. GENERAL .................................................................................................................................. 7

B. AWARD ...................................................................................................................................... 7

C. COMPLIANCE WITH CIVIL RIGHTS LAWS AND EQUAL OPPORTUNITY EMPLOYMENT / NONDISCRIMINATION .............................................................................................................. 8

D. PERMITS, REGULATIONS, LAWS ............................................................................................ 8

E. OWNERSHIP OF INFORMATION AND DATA ........................................................................... 8

F. INSURANCE REQUIREMENTS ................................................................................................. 9

G. COOPERATION WITH OTHER CONTRACTORS ................................................................... 11

H. INDEPENDENT CONTRACTOR .............................................................................................. 11

I. CONTRACTOR RESPONSIBILITY .......................................................................................... 11

J. CONTRACTOR PERSONNEL ................................................................................................. 12

K. STATE OF NEBRASKA PERSONNEL RECRUITMENT PROHIBITION .................................. 12

L. CONFLICT OF INTEREST ....................................................................................................... 12

M. PROPOSAL PREPARATION COSTS ...................................................................................... 13

N. ERRORS AND OMISSIONS .................................................................................................... 13

O. BEGINNING OF WORK ........................................................................................................... 13

P. ASSIGNMENT BY THE STATE ................................................................................................ 13

Agency RFP Revised: 09/23/2015 iv

Q. ASSIGNMENT BY THE CONTRACTOR .................................................................................. 14

R. DEVIATIONS FROM THE REQUEST FOR PROPOSAL ......................................................... 14

S. GOVERNING LAW ................................................................................................................... 14

T. ATTORNEY'S FEES ................................................................................................................ 14

U. ADVERTISING ......................................................................................................................... 15

V. STATE PROPERTY ................................................................................................................. 15

W. SITE RULES AND REGULATIONS .......................................................................................... 15

X. NOTIFICATION ........................................................................................................................ 15

Y. EARLY TERMINATION ............................................................................................................ 16

Z. FUNDING OUT CLAUSE OR LOSS OF APPROPRIATIONS .................................................. 17

AA. BREACH BY CONTRACTOR ................................................................................................... 17

BB. ASSURANCES BEFORE BREACH ......................................................................................... 17

CC. ADMINISTRATION – CONTRACT TERMINATION .................................................................. 18

DD. PENALTY .................................................................................... Error! Bookmark not defined.

EE. RETAINAGE................................................................................ Error! Bookmark not defined.

FF. BID BOND ................................................................................... Error! Bookmark not defined.

GG. PERFORMANCE BOND ............................................................. Error! Bookmark not defined.

HH. FORCE MAJEURE ................................................................................................................... 18

II. PROHIBITION AGAINST ADVANCE PAYMENT ........................ Error! Bookmark not defined.

JJ. PAYMENT ................................................................................... Error! Bookmark not defined.

KK. INVOICES ................................................................................... Error! Bookmark not defined.

LL. RIGHT TO AUDIT..................................................................................................................... 18

MM. TAXES ..................................................................................................................................... 19

NN. INSPECTION AND APPROVAL ............................................................................................... 19

OO. CHANGES IN SCOPE/CHANGE ORDERS ............................................................................. 19

PP. SEVERABILITY ........................................................................................................................ 20

QQ. CONFIDENTIALITY .................................................................................................................. 20

RR. PROPRIETARY INFORMATION .............................................................................................. 20

SS. CERTIFICATION OF INDEPENDENT PRICE DETERMINATION/COLLUSIVE BIDDING ....... 21

TT. STATEMENT OF NON-COLLUSION ....................................................................................... 21

UU. PRICES .................................................................................................................................... 22

VV. BEST AND FINAL OFFER ....................................................................................................... 22

WW. ETHICS IN PUBLIC CONTRACTING ....................................................................................... 22

XX. INDEMNIFICATION .................................................................................................................. 23

YY. NEBRASKA TECHNOLOGY ACCESS STANDARDS .............................................................. 23

ZZ. ANTITRUST ............................................................................................................................. 24

AAA. DISASTER RECOVERY/BACK UP PLAN ................................................................................ 24

BBB. TIME IS OF THE ESSENCE .................................................................................................... 24

CCC. RECYCLING ............................................................................................................................ 24

DDD. DRUG POLICY ......................................................................................................................... 24

EEE. EMPLOYEE WORK ELIGIBILITY STATUS .............................................................................. 25

FFF. CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND INELIGIBILITY ............... 25

GGG. POLITICAL SUB-DIVISIONS .................................................................................................... 26

HHH. OFFICE OF PUBLIC COUNSEL ................................................. Error! Bookmark not defined.

III. LONG-TERM CARE OMBUDSMAN ............................................ Error! Bookmark not defined.

JJJ. LICENSE/SERVICE OR OTHER AGREEMENTS .................................................................... 26

IV. PROJECT DESCRIPTION AND SCOPE OF WORK ........................................................................... 27

Agency RFP Revised: 09/23/2015 v

A. PROJECT OVERVIEW ............................................................... Error! Bookmark not defined.

B. PROJECT ENVIRONMENT ........................................................ Error! Bookmark not defined.

C. PROJECT REQUIREMENTS ...................................................... Error! Bookmark not defined.

D. BUSINESS REQUIREMENTS ..................................................... Error! Bookmark not defined.

E. SCOPE OF WORK ................................................................................................................... 27

F. TECHNICAL REQUIREMENTS................................................... Error! Bookmark not defined.

G. PROJECT PLANNING AND MANAGEMENT .............................. Error! Bookmark not defined.

H. EVALUATE CURRENT PROJECT ENVIRONMENT ................... Error! Bookmark not defined.

I. PROPOSED RESOLUTION ........................................................ Error! Bookmark not defined.

J. PERFORM IMPLEMENTATION .................................................. Error! Bookmark not defined.

K. PROVIDE POST IMPLEMENTATION SUPPORT ....................... Error! Bookmark not defined.

L. DELIVERABLES (REQUIRED) ................................................... Error! Bookmark not defined.

V. PROPOSAL INSTRUCTIONS ............................................................................................................. 32

A. PROPOSAL SUBMISSION ...................................................................................................... 32

B. COST PROPOSAL REQUIREMENTS ..................................................................................... 34

C. PAYMENT SCHEDULE ............................................................................................................ 35

Form A Bidder Contact Sheet ..................................................................................................................... 36

Form B Notification of Intent to Attend Pre-Proposal Conference ........................................................... 37

Form C Notification of Intent to Bid ............................................................................................................ 37

Agency RFP Revised: 09/23/2015 vi

GLOSSARY OF TERMS

Acceptance Test Procedure: Benchmarks and other performance criteria, developed by the State of Nebraska or other

sources of testing standards, for measuring the effectiveness of products or services and the means used for testing such performance. Addendum: Something to be added or deleted to an existing document; a supplement.

After Receipt of Order (ARO): After Receipt of Order

Agency: Any state agency, board, or commission other than the University of Nebraska, the Nebraska State colleges, the

courts, the Legislature, or any other office or agency established by the Constitution of Nebraska. Agent/Representative: A person authorized to act on behalf of another.

Amend: To alter or change by adding, subtracting, or substituting.

Amendment: A written correction or alteration to a document.

Appropriation: Legislative authorization to expend public funds for a specific purpose. Money set apart for a specific use.

After Receipt of Order: After Receipt of Order Award: All purchases, leases, or contracts which are based on competitive proposals will be awarded according to the

provisions in the Request for Proposal. The State reserves the right to reject any or all proposals, wholly or in part, or to award to multiple bidders in whole or in part. The State reserves the right to waive any deviations or errors that are not material, do not invalidate the legitimacy of the proposal, and do not improve the bidder’s competitive position. All awards will be made in a manner deemed in the best interest of the State. Best and Final Offer (BAFO): In a competitive bid, the final offer submitted which contains the bidder’s (vendor’s) most

favorable terms for price. Bid/Proposal: The offer submitted by a vendor in a response to written solicitation.

Bid Bond: An insurance agreement, accompanied by a monetary commitment, by which a third party (the surety) accepts

liability and guarantees that the vendor will not withdraw the bid. Bidder: A vendor who submits an offer bid in response to a written solicitation.

Business: Any corporation, partnership, individual, sole proprietorship, joint-stock company, joint venture, or any other

private legal entity. Business Day: Any weekday, except State-recognized holidays.

Calendar Day: Every day shown on the calendar including Saturdays, Sundays, and State/Federal holidays.

Cancellation: To call off or revoke a purchase order without expectation of conducting or performing it at a later time.

Central Processing Unit (CPU): Any computer or computer system that is used by the State to store, process, or retrieve

data or perform other functions using Operating Systems and applications software. Collusion: An agreement or cooperation between two or more persons or entities to accomplish a fraudulent, deceitful, or

unlawful purpose. Commodities: Any equipment, material, supply or goods; anything movable or tangible that is provided or sold.

Commodities Description: Detailed descriptions of the items to be purchased; may include information necessary to obtain

the desired quality, type, color, size, shape, or special characteristics necessary to perform the work intended to produce the desired results. Competition: The effort or action of two or more commercial interests to obtain the same business from third parties.

Confidential Information: Unless otherwise defined below, “Confidential Information” shall also mean proprietary trade

secrets, academic and scientific research work which is in progress and unpublished, and other information which if released would give advantage to business competitors and serve no public purpose (see Neb. Rev. Stat. §84-712.05(3)). In

Agency RFP Revised: 09/23/2015

vii

accordance with Nebraska Attorney General Opinions 92068 and 97033, proof that information is proprietary requires identification of specific, named competitor(s) who would be advantaged by release of the information and the specific advantage the competitor(s) would receive. Contract: An agreement between two or more parties creating obligations that are enforceable or otherwise recognizable at

law; the writing that sets forth such an agreement. Contract Administration: The management of the contract which includes and is not limited to contract signing, contract

amendments and any necessary legal actions. Contract Management: The management of day to day activities at the agency which includes and is not limited to ensuring

deliverables are received, specifications are met, handling meetings and making payments to the Contractor. Contract Period: The duration of the contract. Contractor: Any individual or entity having a contract to furnish commodities or services.

Cooperative Purchasing: The combining of requirements of two or more political entities to obtain advantages of volume

purchases, reduction in administrative expenses or other public benefits. Copyright: A property right in an original work of authorship fixed in any tangible medium of expression, giving the holder

the exclusive right to reproduce, adapt and distribute the work. Critical Program Error: Any Program Error, whether or not known to the State, which prohibits or significantly impairs use

of the Licensed Software as set forth in the documentation and intended in the contract. Customer Service: The process of ensuring customer satisfaction by providing assistance and advice on those products or

services provided by a Contractor. Default: The omission or failure to perform a contractual duty.

Deviation: Any proposed change(s) or alteration(s) to either the terms and conditions or deliverables within the scope of the

written solicitation or contract. Evaluation: The process of examining an offer after opening to determine the vendor’s responsibility, responsiveness to

requirements, and to ascertain other characteristics of the offer that relate to determination of the successful award. Evaluation Committee: Committee(s) appointed by the requesting agency that advises and assists the procuring office in

the evaluation of bids/proposals (offers made in response to written solicitations). Extension: Continuance of a contract for a specified duration upon the agreement of the parties beyond the original

Contract Period. Not to be confused with “Renewal Period”. Free on Board (F.O.B.) Destination: The delivery charges are included in the quoted price and prepaid by the vendor.

Vendor is responsible for all claims associated with damages during delivery of product. Free on Board (F.O.B.) Point of Origin: The delivery charges are not included in the quoted price and are the

responsibility of the agency. Agency is responsible for all claims associated with damages during delivery of product. Foreign Corporation: A foreign corporation that was organized and chartered under the laws of another state, government,

or country. Installation Date: The date when the procedures described in “Installation by Contractor“, and “Installation by State”, as

found in the RFP, or contract is completed. Late Bid/Proposal: An offer received after the Opening Date and Time.

Licensed Software Documentation: The user manuals and any other materials in any form or medium customarily

provided by the Contractor to the users of the Licensed Software which will provide the State with sufficient information to operate, diagnose, and maintain the Licensed Software properly, safely, and efficiently. Mandatory/Must: Required, compulsory, or obligatory.

May: Discretionary, permitted; used to express possibility.


viii

Module (see System): A collection of routines and data structures that perform a specific function of software.

Must: See Shall/Will/Must.

National Institute for Governmental Purchasing (NIGP): National Institute of Governmental Purchasing – Source used for

assignment of universal commodity codes to goods and services. Open Market Purchase: Authorization may be given to an agency to purchase items above direct purchase authority due to

the unique nature, price, quantity, location of the using agency, or time limitations by the AS Materiel Division, State Purchasing Bureau. Opening Date and Time: Specified date and time for the public opening of received, labeled, and sealed formal proposals.

Operating System: The control program in a computer that provides the interface to the computer hardware and peripheral

devices, and the usage and allocation of memory resources, processor resources, input/output resources, and security resources. Outsourcing: The contracting out of a business process which an organization may have previously performed internally or

has a new need for, to an independent organization from which the process is purchased back. Payroll & Financial Center (PFC): Electronic procurement system of record.

Performance Bond: An insurance agreement, accompanied by a monetary commitment, by which a third party (the surety)

accepts liability and guarantees that the Contractor fulfills any and all obligations under the contract. Platform: A specific hardware and Operating System combination that is different from other hardware and Operating

System combinations to the extent that a different version of the Licensed Software product is required to execute properly in the environment established by such hardware and Operating System combination. Pre-Bid/Pre-Proposal Conference: A meeting scheduled for the purpose of clarifying a written solicitation and related

expectations. Product: Something that is distributed commercially for use or consumption and that is usually (1) tangible personal

property, (2) the result of fabrication or processing, and (3) an item that has passed through a chain of commercial distribution before ultimate use or consumption. Program Error: Code in Licensed Software which produces unintended results or actions, or which produces results or

actions other than those described in the specifications. A program error includes, without limitation, any Critical Program Error. Program Set: The group of programs and products, including the Licensed Software specified in the RFP, plus any

additional programs and products licensed by the State under the contract for use by the State. Project: The total scheme, program, or method worked out for the accomplishment of an objective, including all

documentation, commodities, and services to be provided under the contract. Proposal: See Bid/Proposal.

Proprietary Information: Proprietary information is defined as trade secrets, academic and scientific research work which

is in progress and unpublished, and other information which if released would give advantage to business competitors and serve no public purpose (see Neb. Rev. Stat. §84-712.05(3)). In accordance with Attorney General Opinions 92068 and 97033, proof that information is proprietary requires identification of specific, named competitor(s) who would be advantaged by release of the information and the specific advantage the competitor(s) would receive. Protest/Grievance: A complaint about a governmental action or decision related to a Request for Proposal or resultant

contract, brought by a vendor who has timely submitted a bid response in connection with the award in question, to AS Materiel Division or another designated agency with the intention of achieving a remedial result. Public Proposal Opening: The process of opening correctly submitted offers at the time and place specified in the written

solicitation and in the presence of anyone who wished to attend. Recommended Hardware Configuration: The data processing hardware (including all terminals, auxiliary storage,

communication, and other peripheral devices) to the extent utilized by the State as recommended by the Contractor.


ix

Release Date: The date of public release of the written solicitation to seek offers

Renewal Period: Optional contract periods subsequent to the original Contract Period for a specified duration with

previously agreed to terms and conditions. Not to be confused with Extension. Request for Information (RFI): A general invitation to vendors requesting information for a potential future solicitation. The

RFI is typically used as a research and information gathering tool for preparation of a solicitation. Request for Proposal (RFP): A written solicitation utilized for obtaining competitive offers.

Responsible Bidder: A bidder who has the capability in all respects to perform fully and lawfully all requirements with

integrity and reliability to assure good faith performance. Responsive Bidder: A bidder who has submitted a bid which conforms to all requirements of the solicitation document.

Serious Bodily Injury: Bodily injury that creates a substantial risk of death or that causes serious, permanent disfigurement

or protracted loss or impairment of the function of any body part or organ. Serious bodily injuries include, but are not limited to, complete paralysis of any limb or body part, injuries to the spine, or any injury, the treatment of which, requires resuscitation from apparent death. Shall/Will/Must: An order/command; mandatory.

Should: Expected; suggested, but not necessarily mandatory.

Software License: Legal instrument with or without printed material that governs the use or redistribution of licensed

software. Sole Source – Commodity: When an item is available from only one source due to the unique nature of the requirement,

its supplier, or market conditions. Sole Source – Services: A service of such a unique nature that the vendor selected is clearly and justifiably the only

practical source to provide the service. Determination that the vendor selected us justifiably the sole source is based on either the uniqueness of the service or sole availability at the location required. Specifications: The detailed statement, especially of the measurements, quality, materials, and functional characteristics,

or other items to be provided under a contract. System (see Module): Any collection or aggregation of two (2) or more Modules that is designed to function, or is

represented by the Contractor as functioning or being capable of functioning, as an entity. Termination: Occurs when either party, pursuant to a power created by agreement or law, puts an end to the contract prior

to the stated expiration date. All obligations which are still executory on both sides are discharged but any right based on prior breach or performance survives. Trade Secret: Information, including, but not limited to, a drawing, formula, pattern, compilation, program, device, method,

technique, code, or process that (a) derives independent economic value, actual or potential, from not being known to, and not being ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; and (b) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy (see Neb. Rev. Stat. §87-502(4)). Trademark: A word, phrase, logo, or other graphic symbol used by a manufacturer or vendor to distinguish its product from

those of others, registered with the U.S. Patent and Trademark Office. Upgrade: Any change that improves or alters the basic function of a product of service.

Vendor: An individual or entity lawfully conducting business in the State of Nebraska, or licensed to do so, who seeks to

provide goods or services under the terms of a written solicitation. Vendor Performance Report: A report issued to the Contractor by State Purchasing Bureau when products or services

delivered or performed fail to meet the terms of the purchase order, contract, and/or specifications, as reported to State Purchasing Bureau by the agency. The State Purchasing Bureau shall contact the Contractor regarding any such report. The vendor performance report will become a part of the permanent record for the Contractor. The State may require vendor to cure. Two such reports may be cause for immediate termination.


x

Will: See Shall/Will/Must.

Work Day: See Business Day.


I. SCOPE OF THE REQUEST FOR PROPOSAL

The State of Nebraska, Nebraska Game and Parks Commission, is issuing this Request for Proposal, RFP Number 5201Z1 for the purpose of selecting a qualified Contractor to provide Design, Construction, Operation and Maintenance of an Aerial

Adventure Course. Any resulting contract is not an exclusive contract to furnish the services provided for in this Request for

Proposal for Eugene T. Mahoney and Platte River State Parks, it does not preclude the purchase of similar services from other sources for other park facilities. A contract resulting from this Request for Proposal will be issued approximately for a period of ten (10) years effective the date of the award. The contract has the option to be renewed for two (2) additional five (5) year periods as mutually agreed upon by all parties. The State reserves the right to extend the period of this contract beyond the termination date when mutually agreeable to the Contractor and the State of Nebraska. ALL INFORMATION PERTINENT TO THIS REQUEST FOR PROPOSAL CAN BE FOUND ON THE INTERNET AT:

http://outdoornebraska.gov/aerialadventurecourse and http://das.nebraska.gov/materiel/purchasing.html A. SCHEDULE OF EVENTS

The State expects to adhere to the tentative procurement schedule shown below. It should be noted, however, that some dates are approximate and subject to change.

ACTIVITY DATE/TIME

1. 5 Release Request for Proposal January 27, 2016

2. 7 Last day to submit written questions February 5, 2016

3. 1 State responds to written questions through Request for Proposal “Addendum” and/or “Amendment” to be posted to the Internet at: http://outdoornebraska.gov/aerialadventurecourse and/or http://das.nebraska.gov/materiel/purchasing.html

February 9, 2016

4. 1 Last day to submit “Letter of Intent To Bid” February 16, 2016

5. 1 Proposal opening Location: State of Nebraska Game and Parks Commission 2200 N 33

rd Street

Lincoln, NE 68503

February 23, 20162:00 pm

Central Time

6. 1 Review for conformance of mandatory requirements February 23, 2016

7. 1 Evaluation period February 24, 2016 – March 3, 2016

8. 1 “Oral Interviews/Presentations and/or Demonstrations” (if required) TBD

9. 1 Post “Letter of Intent to Contract” to Internet at: http://outdoornebraska.gov/aerialadventurecourse and/or http://das.nebraska.gov/materiel/purchasing.html

March 8, 2016

10. Contract finalization period March 8, 2016- March 15, 2016

11. 1 Contract award March 17, 2016

12. 2 Contractor start date March 17, 2016

http://outdoornebraska.gov/aerialadventurecourse

http://das.nebraska.gov/materiel/purchasing.html


II. PROCUREMENT PROCEDURES

A. PROCURING OFFICE AND CONTACT PERSON

Procurement responsibilities related to this Request for Proposal reside with the Nebraska Game and Parks Commission. The point of contact for the procurement is as follows:

Name: Jolene Kumpula Agency: Nebraska Game and Parks Commission Address: 2200 N 33

rd Street

Lincoln, NE 68503 OR Address: 2200 N 33

rd Street, PO BOX 30370

Lincoln, NE 68503 Telephone: 402-471-5400 Facsimile: 402-471-5650 E-Mail: [email protected]

B. GENERAL INFORMATION

The Request for Proposal is designed to solicit proposals from qualified vendors who will be responsible for providing Design, Construction, Operation and Maintenance of an Aerial Adventure Course at a competitive and reasonable cost. Proposals that do not conform to the mandatory items as indicated in the Request for Proposal will not be considered. Proposals shall conform to all instructions, conditions, and requirements included in the Request for Proposal. Prospective bidders are expected to carefully examine all documentation, schedules, and requirements stipulated in this Request for Proposal, and respond to each requirement in the format prescribed. A fixed-revenue sharing contract will be awarded as a result of this proposal. In addition to the provisions of this Request for Proposal and the awarded proposal, which shall be incorporated by reference in the contract, any additional clauses or provisions required by the terms and conditions will be included as an amendment to the contract.

C. CUSTOMER SERVICE

In addition to any specified service requirements contained in this agreement, the Contractor agrees and understands that satisfactory customer service is required. Contractor will develop or provide technology and business procedures designed to enhance the level of customer satisfaction and to provide the customer appropriate information given their situation. Contractor, its employees, Subcontractors, and agents must be accountable, responsive, reliable, patient, and have well-developed communication skills as set forth by the customer service industry’s best practices and processes.

D. COMMUNICATION WITH STATE STAFF AND EVALUATORS

From the date the Request for Proposal is issued until a determination is announced regarding the selection of the Contractor, contact regarding this project between potential Contractors and individuals employed by the State is restricted to only written communication with the staff designated above as the point of contact for this Request for Proposal. Bidders shall not have any communication with, or attempt to communicate with or influence in any way, any evaluator involved in this RFP. Once a Contractor is preliminarily selected, as documented in the intent to contract, that Contractor is restricted from communicating with State staff until a contract is signed. Violation of this condition may be considered sufficient cause to reject a Contractor’s proposal and/or selection irrespective of any other condition. The following exceptions to these restrictions are permitted: 1. Written communication with the person(s) designated as the point(s) of contact for this Request for

Proposal or procurement; 2. Contacts made pursuant to any pre-existing contracts or obligations; and 3. State-requested presentations, key personnel interviews, clarification sessions or discussions to finalize a

contract. Violations of these conditions may be considered sufficient cause to reject a bidder’s proposal and/or selection irrespective of any other condition. No individual member of the State, employee of the State, or member of the Evaluation Committee is empowered to make binding statements regarding this Request for Proposal. The buyer will issue any clarifications or opinions regarding this Request for Proposal in writing.


E. NOTIFICATION OF INTENT TO BID

Bidders should hand deliver, return by facsimile, e-mail or delivery by US mail the “Notification of Intent to Bid Form” that accompanies this document (see Form C) to the contact person shown below. This form should be filled out in its entirety and returned no later than the date shown in the Schedule of Events. It is preferred that Form B, Notification of Intent To Bid, be sent via e-mail to [email protected], but may be hand delivered, sent via facsimile to 402-471-5650 or delivery by US mail. A list of vendors who submitted a Notification of Intent to Bid will be provided through an addendum to be posted on the Internet at http://outdoornebraska.gov/aerialadventurecourse/ and http://das.nebraska.gov/materiel/purchasing.html on or after the date shown in the Schedule of Events.

F. WRITTEN QUESTIONS AND ANSWERS

Any explanation desired by a bidder regarding the meaning or interpretation of any Request for Proposal provision must be submitted in writing to the Nebraska Game and Parks Commission and clearly marked “RFP Number 5201Z1; Design, Construction, Operation and Maintenance of an Aerial Adventure Course Questions”. It is preferred that questions be sent via e-mail to [email protected]. Questions may also be sent by facsimile to 402-471-5650, but must include a cover sheet clearly indicating that the transmission is to the attention of Jolene Kumpula, Buyer, showing the total number of pages transmitted, and clearly marked “RFP Number 5201 Z1; Design, Construction, Operation and Maintenance of an Aerial Adventure Course Questions”. It is recommended that Bidders submit questions sequentially numbered, include the RFP reference and page number using the following format.

Question Number

RFP Section Reference

RFP Page Number

Question

Written answers will be provided through an addendum to be posted on the Internet at http://outdoornebraska.gov/aerialadventurecourse/ and http://das.nebraska.gov/materiel/purchasing.html on or before the date shown in the Schedule of Events.

G. ORAL INTERVIEWS/PRESENTATIONS AND/OR DEMONSTRATIONS

The Evaluation Committee(s) may conclude after the completion of the Technical and Cost Proposal evaluation that oral interviews/presentations and/or demonstrations are required in order to determine the successful bidder. All bidders may not have an opportunity to interview/present and/or give demonstrations; the State reserves the right to select only the top scoring bidders to present/give oral interviews in its sole discretion. The scores from the oral interviews/presentations and/or demonstrations will be added to the scores from the Technical and Cost Proposals. The presentation process will allow the bidders to demonstrate their proposal offering, explaining and/or clarifying any unusual or significant elements related to their proposals. Bidders’ key personnel may be requested to participate in a structured interview to determine their understanding of the requirements of this proposal, their authority and reporting relationships within their firm, and their management style and philosophy. Bidders shall not be allowed to alter or amend their proposals. Only representatives of the State and the presenting bidders will be permitted to attend the oral interviews/presentations and/or demonstrations. Once the oral interviews/presentations and/or demonstrations have been completed the State reserves the right to make a contract award without any further discussion with the bidders regarding the proposals received. Detailed notes of oral interviews/presentations and/or demonstrations may be recorded and supplemental information (such as briefing charts, et cetera) may be accepted; however, such supplemental information shall not be considered an amendment to a bidders' proposal. Additional written information gathered in this manner shall not constitute replacement of proposal contents. Any cost incidental to the oral interviews/presentations and/or demonstrations shall be borne entirely by the bidder and will not be compensated by the State.

H. SUBMISSION OF PROPOSALS

The following describes the requirements related to proposal submission, proposal handling, and review by the State. To facilitate the proposal evaluation process, one (1) original of the entire proposal should be submitted. Proposals must be submitted by the proposal due date and time. A separate sheet must be provided that clearly states which sections have been submitted as proprietary or have copyrighted materials. All proprietary information

the bidder wishes the State to withhold must be submitted in accordance with the instructions outlined in Section III,


mailto:[email protected].

http://outdoornebraska.gov/aerialadventurecourse/



Proprietary Information. Proposal responses should include the completed Form A, Bidder Contact Sheet. Proposals must reference the Request for Proposal number and be sent to the specified address. Please note that the address label should appear in Section II part A as specified on the face of each container or bidder’s bid response packet. Rejected late proposals will be returned to the bidder unopened, if requested, at bidder's expense. If a recipient phone number is required for delivery purposes, (402) 471-5400 should be used. The Request for Proposal number must be included in all correspondence. Emphasis should be concentrated on conformance to the Request for Proposal instructions, responsiveness to requirements, completeness and clarity of content. If the bidder’s proposal is presented in such a fashion that makes evaluation difficult or overly time consuming, it is likely that the bid will be rejected. IMPORTANT NOTICE: Pursuant to Neb. Rev. Stat. §84-602.02, all State contracts in effect as of January 1, 2014

will be posted to a public website beginning July 1, 2014. All non-proprietary or confidential information as defined by Law WILL BE POSTED FOR PUBLIC VIEWING. Bidders are required to waive copyrights from privilege for

posting to public website. The Technical and Cost Proposals should be packaged separately (loose-leaf binders are preferred) on standard 8 ½” by 11” paper, except that charts, diagrams and the like may be on fold-outs which, when folded, fit into the 8 ½” by 11” format. Pages may be consecutively numbered for the entire proposal, or may be numbered consecutively within sections. Figures and tables must be numbered and referenced in the text by that number. They should be placed as close as possible to the referencing text. The Technical Proposal must not contain any reference to dollar amounts. However, information such as data concerning labor hours and categories, materials, Subcontracts, and so forth, shall be considered in the Technical Proposal so that the bidder’s understanding of the scope of work may be evaluated. The Technical Proposal shall disclose the bidder’s technical approach in as much detail as possible, including, but not limited to, the information required by the Technical Proposal instructions.

I. PROPOSAL OPENING

The sealed proposals will be publicly opened and the bidding entities announced on the date, time, and location shown in the Schedule of Events. Proposals will be available for viewing by those present at the proposal opening. Vendors may also contact the State to schedule an appointment for viewing proposals after the Intent to Award has been posted to the website.

J. LATE PROPOSALS

Proposals received after the time and date of the proposal opening will be considered late proposals. Rejected late proposals will be returned to the bidder unopened, if requested, at bidder's expense. The State is not responsible for proposals that are late or lost due to mail service inadequacies, traffic, or any other reason(s).

K. REJECTION OF PROPOSALS

The State reserves the right to reject any or all proposals, in whole or in part, or to award to multiple bidders in whole or in part. The State reserves the right to waive any deviations or errors that are not material, do not invalidate the legitimacy of the proposal and do not improve the bidder’s competitive position. The State reserves the right to reject any or all proposals and re-advertise for proposals; and further reserves the right to waive any informality or irregularity. All awards will be made in a manner deemed in the best interest of the State.

L. EVALUATION OF PROPOSALS

All responses to this Request for Proposal which fulfill all mandatory requirements will be evaluated. Each category will have a maximum possible point potential. The State will conduct a fair, impartial, and comprehensive evaluation of all proposals in accordance with the criteria set forth below. The State may elect to use a third-party to conduct credit checks as part of the corporate overview evaluation. Areas that will be addressed and scored during the evaluation include: 1. Corporate Overview shall include but is not limited to:

a. the ability, capacity, and skill of the bidder to deliver and implement the system or project that meets the requirements of the Request for Proposal;

b. the character, integrity, reputation, judgment, experience, and efficiency of the bidder; c. whether the bidder can perform the contract within the specified time frame; d. the quality of bidder performance on prior contracts; e. such other information that may be secured and that has a bearing on the decision to award the

contract; f. safety record and liability management

2. Technical Approach; and a. operational plan and maintenance plan and design approach

3. Cost Proposal.


Neb. Rev. Stat. §73-107 allows for a preference for a resident disabled veteran or business located in a designated enterprise zone. When a state contract is to be awarded to the lowest responsible bidder, a resident

disabled veteran or a business located in a designated enterprise zone under the Enterprise Zone Act shall be allowed a preference over any other resident or nonresident bidder, if all other factors are equal. Resident disabled veterans means any person (a) who resides in the State of Nebraska, who served in the United States Armed Forces, including any reserve component or the National Guard, who was discharged or otherwise separated with a characterization of honorable or general (under honorable conditions), and who possesses a disability rating letter issued by the United States Department of Veterans Affairs establishing a service-connected disability or a disability determination from the United States Department of Defense and (b)(i) who owns and controls a business or, in the case of a publicly owned business, more than fifty percent of the stock is owned by one or more persons described in subdivision (a) of this subsection and (ii) the management and daily business operations of the business are controlled by one or more persons described in subdivision (a) of this subsection. Any contract entered into without compliance with this section shall be null and void.

Therefore, if a resident disabled veteran or business located in a designated enterprise zone submits a bid in accordance with Neb. Rev. Stat. §73-107 and has so indicated on the RFP cover page under “Bidder must complete the following” requesting priority/preference to be considered in the award of this contract, the following will need to be submitted by the vendor within ten (10) business days of request:

a. Documentation from the United States Armed Forces confirming service;

b. Documentation of discharge or otherwise separated characterization of honorable or general (under honorable conditions);

c. Disability rating letter issued by the United States Department of Veterans Affairs establishing a service-connected disability or a disability determination from the United States Department of Defense; and

d. Documentation which shows ownership and control of a business or, in the case of a publicly owned business, more than fifty percent of the stock is owned by one or more persons described in subdivision (a) of this subsection; and the management and daily business operations of the business are controlled by one or more persons described in subdivision (a) of this subsection.

Failure to submit the requested documentation within ten (10) business days of notice will disqualify the bidder from consideration of the preference. Evaluation criteria will become public information at the time of the Request for Proposal opening. Evaluation criteria and a list of respondents will be posted to the Internet at: http://outdoornebraska.gov/aerialadventurecourse/ and http://das.nebraska.gov/materiel/purchasing.html. Evaluation criteria will not be released prior to the proposal opening.

M. EVALUATION COMMITTEE

Proposals will be independently evaluated by members of the Evaluation Committee(s). The Evaluation Ccommittee(s) will consist of staff with the appropriate expertise to conduct such proposal evaluations. Names of the members of the Evaluation Committee(s) will not be published Prior to award, bidders are advised that only the point of contact indicated on the front cover of this Request for Proposal for Contractual Services Form can clarify issues or render any opinion regarding this Request for Proposal. No individual member of the State, employee of the State, or member of the Evaluation Committee(s) is empowered to make binding statements regarding this Request for Proposal. Any contact, or attempted contact, with an evaluator that is involved with this RFP may result in the rejection of this proposal and further administrative actions may be taken.

N. MANDATORY REQUIREMENTS

The proposals will first be examined to determine if all mandatory requirements listed below have been addressed to warrant further evaluation. Proposals not meeting mandatory requirements will be excluded from further evaluation. The mandatory requirement items are as follows: 1. Request for Proposal For Contractual Services form, signed in ink; 2. Corporate Overview; 3. Technical Approach; and 4. Cost Proposal.




O. REFERENCE CHECKS

The State reserves the right to check any reference(s), regardless of the source of the reference information, including but not limited to, those that are identified by the company in the proposal, those indicated through the explicitly specified contacts, those that are identified during the review of the proposal, or those that result from communication with other entities involved with similar projects. The State may use a third-party to conduct reference checks Information to be requested and evaluated from references may include, but is not limited to, some or all of the following: financial stability of the company, project description and background, job performed, functional and technical abilities, communication skills and timeliness, cost and schedule estimates and accuracy, problems (poor quality deliverables, contract disputes, work stoppages, et cetera), overall performance, and whether or not the reference would rehire the firm or individual. Only top scoring bidders may receive reference checks and negative references may eliminate bidders from consideration for award.

P. SECRETARY OF STATE/TAX COMMISSIONER REGISTRATION REQUIREMENTS

All bidders shall be authorized to transact business in the State of Nebraska. All bidders are expected to comply with all Nebraska Secretary of State Rregistration requirements. It is the responsibility of the bidder to comply with any registration requirements pertaining to types of business entities (e.g. person, partnership, foreign or domestic limited liability company, association, or foreign or domestic corporation or other type of business entity). The bidder who is the recipient of an Intent to Award will be required to certify that it has so complied and produce a true and exact copy of its current (within ninety (90) calendar days), valid Certificate of Good Standing or Letter of Good Standing; or in the case of a sole proprietorship, provide written documentation of sole proprietorship. This must be accomplished prior to the award of the contract. Construction Contractors are expected to meet all applicable requirements of the Nebraska Contractor Registration Act and provide a current, valid certificate of registration. Further, all bidders shall comply with any and all other applicable Nebraska statutes regarding transacting business in the State of Nebraska. Bidders should submit the above certification(s) with their bid. If a bank is registered with the Office of Comptroller of Currency, it is not required to register with the State. However, the Office of Comptroller of Currency does have a certificate of good standing/registration. The bank could provide that for verification. (Optional)

Q. VIOLATION OF TERMS AND CONDITIONS

Violation of the terms and conditions contained in this Request for Proposal or any resultant contract, at any time before or after the award, shall be grounds for action by the State which may include, but is not limited to, the following: 1. Rejection of a bidder’s proposal; 2. Suspension of the bidder from further bidding with the State for the period of time relative to the

seriousness of the violation, such period to be within the sole discretion of the State. 3. Legal action.


III. TERMS AND CONDITIONS

By signing the “Request for Proposal for Contractual Services” form, the Bidder guarantees compliance with the provisions stated in this Request for Proposal, agrees to the Terms and Conditions and certifies bidder maintains a drug free work place environment. Bidders are expected to closely read the Terms and Conditions and provide a binding signature of intent to comply with the Terms and Conditions; provided, however, a bidder may indicate any exceptions to the Terms and Conditions by (1) clearly identifying the term or condition by subsection, and (2) including an explanation for the bidder’s inability to comply with such term or condition which includes a statement recommending terms and conditions the bidder would find acceptable. Rejection in whole or in part of the Terms and Conditions may be cause for rejection of a bidder’s proposal. Bidders must include completed Section III with their proposal response.

A. GENERAL

Accept (Initial)

Reject (Initial)

Reject & Provide Alternative within RFP Response (Initial)

NOTES/COMMENTS:

The contract resulting from this Request for Proposal shall incorporate the following documents: 1. Amendment to Contract Award with the most recent dated amendment having the highest priority; 2. Contract Award and any attached Addenda; 3. The Request for Proposal form and the Contractor’s Proposal signed in ink; 4. Amendments to RFP and any Questions and Answers; and 5. The original RFP document and any Addenda. These documents constitute the entirety of the contract. Unless otherwise specifically stated in a contract amendment, in case of any conflict between the incorporated documents, the documents shall govern in the following order of preference with number one (1) receiving preference over all other documents and with each lower numbered document having preference over any higher numbered document: 1) Amendment to Contract Award with the most recent dated amendment having the highest priority, 2) Contract Award and any attached Addenda, 3) the signed Request for Proposal form and the Contractor’s Proposal, 4) Amendments to RFP and any Questions and Answers, 5) the original RFP document and any Addenda. Any ambiguity in any provision of this contract which shall be discovered after its execution shall be resolved in accordance with the rules of contract interpretation as established in the State of Nebraska. Once proposals are opened they become the property of the State of Nebraska and will not be returned.

B. AWARD

Accept (Initial)

Reject (Initial)


NOTES/COMMENTS:

All purchases, leases, or contracts which are based on competitive proposals will be awarded according to the provisions in the Request for Proposal. The State reserves the right to reject any or all proposals, in whole or in part, or to award to multiple bidders in whole or in part, and at its discretion, may withdraw or amend the Request for Proposal at any time. The State reserves the right to waive any deviations or errors that are not material, do not invalidate the legitimacy of the proposal, and do not improve the bidder’s competitive position. All awards will be made in a manner deemed in the best interest of the State. The Request for Proposal does not commit the State to award a contract. If, in the opinion of the State, revisions or amendments will require substantive changes in proposals, the due date may be extended.


By submitting a proposal in response to this Request for Proposal, the bidder grants to the State the right to contact or arrange a visit in person with any or all of the bidder’s clients. Once intent to award decision has been determined, it will be posted to the Internet at: http://outdoornebraska.gov/aerialadventurecourse/ and http://das.nebraska.gov/materiel/purchasing.html Grievance and protest procedure is available on the Internet at: http://das.nebraska.gov/materiel/purchasing.html Any protests must be filed by a vendor within ten (10) business days after the intent to award decision is posted to the Internet.

C. COMPLIANCE WITH CIVIL RIGHTS LAWS AND EQUAL OPPORTUNITY EMPLOYMENT / NONDISCRIMINATION

Accept (Initial)

Reject (Initial)


NOTES/COMMENTS:

The Contractor shall comply with all applicable local, state, and federal statutes and regulations regarding civil rights laws and equal opportunity employment. The Nebraska Fair Employment Practice Act prohibits Contractors of the State of Nebraska, and their Subcontractors, from discriminating against any employee or applicant for employment, with respect to hire, tenure, terms, conditions, compensations, or privileges of employment because of race, color, religion, sex, disability, marital status, or national origin (Neb. Rev. Stat. §48-1101 to 48-1125). The Contractor guarantees compliance with the Nebraska Fair Employment Practice Act, and breach of this provision shall be regarded as a material breach of contract. The Contractor shall insert a similar provision in all Subcontracts for services to be covered by any contract resulting from this Request for Proposal.

D. PERMITS, REGULATIONS, LAWS

Accept (Initial)

Reject (Initial)


NOTES/COMMENTS:

The Contractor shall procure and pay for all permits, licenses, and approvals necessary for the execution of the contract. The Contractor shall comply with all applicable local, state, and federal laws, ordinances, rules, orders, and regulations. The Contractor shall provide copies of all permits and licenses required for development and operation of the activity, as specified by a licensed NGPC engineer, the Nebraska Department of Administrative Services or the Nebraska Department of Health and Human Services or as otherwise required herein.

E. OWNERSHIP OF INFORMATION AND DATA

Accept (Initial)

Reject (Initial)


NOTES/COMMENTS:

The State of Nebraska shall have the unlimited right to publish, duplicate, use, and disclose all information and data developed or derived by the Contractor pursuant to this contract. The Contractor must guarantee that it has the full legal right to the materials, supplies, equipment, and other rights or titles (e.g. rights to licenses transfer or assign deliverables) necessary to execute this contract. The contract



price shall, without exception, include compensation for all royalties and costs arising from patents, trademarks, and copyrights that are in any way involved in the contract. It shall be the responsibility of the Contractor to pay for all royalties and costs, and the State must be held harmless from any such claims.

F. INSURANCE REQUIREMENTS

Accept (Initial)

Reject (Initial)


NOTES/COMMENTS:

The Contractor shall not commence work under this contract until all the insurance required hereunder has been obtained and such insurance has been approved by the State. The Contractor shall maintain all required insurance for the life of this contract and shall ensure that the State Purchasing Bureau has the most current certificate of insurance throughout the life of this contract. If Contractor will be utilizing any Subcontractors, the Contractor is responsible for obtaining the certificate(s) of insurance required herein under from any and all Subcontractor (s). Contractor is also responsible for ensuring Subcontractor(s) maintain the insurance required until completion of the contract requirements. The Contractor shall not allow any Subcontractor to commence work on any Subcontract until all similar insurance required of the Subcontractor has been obtained and approved by the Contractor. Approval of the insurance by the State shall not limit, relieve, or decrease the liability of the Contractor hereunder. If by the terms of any insurance a mandatory deductible is required, or if the Contractor elects to increase the mandatory deductible amount, the Contractor shall be responsible for payment of the amount of the deductible in the event of a paid claim. 1. WORKERS’ COMPENSATION INSURANCE

The Contractor shall take out and maintain during the life of this contract the statutory Workers’ Compensation and Employer's Liability Insurance for all of the contactors’ employees to be engaged in work on the project under this contract and, in case any such work is sublet, the Contractor shall require the Subcontractor similarly to provide Worker's Compensation and Employer's Liability Insurance for all of the Subcontractor’s employees to be engaged in such work. This policy shall be written to meet the statutory requirements for the state in which the work is to be performed, including Occupational Disease. This policy shall include a waiver of subrogation in favor of the State. The amounts of such insurance shall not be less than the limits stated hereinafter.

2. COMMERCIAL GENERAL LIABILITY INSURANCE AND COMMERCIAL AUTOMOBILE LIABILITY INSURANCE

The Contractor shall take out and maintain during the life of this contract such Commercial General Liability Insurance and Commercial Automobile Liability Insurance as shall protect Contractor and any Subcontractor performing work covered by this contract from claims for damages for bodily injury, including death, as well as from claims for property damage, which may arise from operations under this contract, whether such operation be by the Contractor or by any Subcontractor or by anyone directly or indirectly employed by either of them, and the amounts of such insurance shall not be less than limits stated hereinafter. The Commercial General Liability Insurance shall be written on an occurrence basis, and provide Premises/Operations, Products/Completed Operations, Independent Contractors, Personal Injury and Contractual Liability coverage. The liability coverage may not exclude or limit, athletic participants, products completed operations, personal and advertising injury, contractual liability, explosion, collapse and underground property damage, and total pollution exclusion. If the policy insures more than one location the general aggregate limit must be amended to apply separately to each location. The policy shall include the State, and others as required by the contract documents, as Additional Insured(s). This policy shall be primary, and any insurance or self-insurance carried by the State shall be considered excess and non-contributory. The Commercial Automobile Liability Insurance shall be written to cover all Owned, Non-owned and Hired vehicles.

3. INSURANCE COVERAGE AMOUNTS REQUIRED

WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY

Coverage A Statutory

Coverage B Statutory


Bodily Injury by Accident $500,000 each accident

Bodily Injury by Disease $500,000 policy limit

Bodily Injury by Disease $500,000 each employee

COMMERCIAL GENERAL LIABILITY

General Aggregate (per location basis) $2,000,000

Products/Completed Operations Aggregate $2,000,000

Personal/Advertising Injury $1,000,000 any one person

Bodily Injury/Property Damage $1,000,000 per occurrence

Damage to Rented Premises $300,000

Medical Payments to Participants $25,000 per claim

Medical Payments to Others $10,000

Participants Legal Liability $1,000,000 per occurrence

Medical Expenses Reimbursement to Participants $1,000 per claim

COMMERCIAL AUTOMOBILE LIABILITY

Bodily Injury/Property Damage $1,000,000 combined single limit

UMBRELLA/EXCESS LIABILITY

Over Primary Insurance $9,000,000 per occurrence

PROFESSIONAL LIABILITY $4,000,000 per Claim/Aggregate

PROPERTY INSURANCE Must cover the contents and inventory (coverage shall apply on an “all risk” or “special coverage basis”, policy shall provide for loss recovery on a replacement value basis without deduction for depreciation.

BUILDER’S RISK INSURANCE Value/Cost of Construction

ACCIDENTAL DEATH AND SPECIFIC LOSS PER PARTICIPANT

Accidental Death Principal Sum $10,000

Accidental Dismemberment Principal Sum $10,000

Accidental Medical Expenses Max Benefit $10,000

PRIVACY LIABILITY & NETWORK SECURITY LIABILITY PROTECTION (Cyber)

A minimum of $1,000,000 in limits

SUBROGRATION WAIVER

“Waiver of Subrogation on the Worker’s Compensation in favor of the State of Nebraska.”

LIABILITY WAIVER

“The State of Nebraska, Certificate holder, is an additionally insured, primary & noncontributory on the General Liability.”

Agencies to add limits for any additional required coverage here. If medical malpractice is required recommend language as follows:

4. EVIDENCE OF COVERAGE

The Contractor should furnish the State, with their proposal response, a certificate of insurance coverage complying with the above requirements, which shall be submitted to the attention of the Buyer.

Nebraska Game and Parks Commission Purchasing

2200 N 33rd

Street Lincoln, NE 68503

(facsimile (402) 471-5650). These certificates or the cover sheet shall reference the RFP number, and the certificates shall include the name of the company, policy numbers, effective dates, dates of expiration, and amounts and types of coverage afforded. If the State is damaged by the failure of the Contractor to maintain such insurance, then the Contractor shall be responsible for all reasonable costs properly attributable thereto. Notice of cancellation of any required insurance policy must be submitted to Nebraska Game and Parks Commission, Purchasing when issued and a new coverage binder shall be submitted immediately to ensure no break in coverage.


G. COOPERATION WITH OTHER CONTRACTORS

Accept (Initial)

Reject (Initial)


NOTES/COMMENTS:

The State may already have in place or choose to award supplemental contracts for work related to this Request for Proposal, or any portion thereof. 1. The State reserves the right to award the contract jointly between two or more potential Contractors, if

such an arrangement is in the best interest of the State. 2. The Contractor shall agree to cooperate with such other Contractors, and shall not commit or permit any

act which may interfere with the performance of work by any other Contractor.

H. INDEPENDENT CONTRACTOR

Accept (Initial)

Reject (Initial)


NOTES/COMMENTS:

It is agreed that nothing contained herein is intended or should be construed in any manner as creating or establishing the relationship of partners between the parties hereto. The Contractor represents that it has, or will secure at its own expense, all personnel required to perform the services under the contract. The Contractor’s employees and other persons engaged in work or services required by the Contractor under the contract shall have no contractual relationship with the State; they shall not be considered employees of the State. All claims on behalf of any person arising out of employment or alleged employment (including without limit claims of discrimination against the Contractor, its officers, or its agents) shall in no way be the responsibility of the State. The Contractor will hold the State harmless from any and all such claims. Such personnel or other persons shall not require nor be entitled to any compensation, rights, or benefits from the State including without limit, tenure rights, medical and hospital care, sick and vacation leave, severance pay, or retirement benefits.

I. CONTRACTOR RESPONSIBILITY

Accept (Initial)

Reject (Initial)


NOTES/COMMENTS:

The Contractor is solely responsible for fulfilling the contract, with responsibility for all services offered and products to be delivered as stated in the Request for Proposal, the Contractor’s proposal, and the resulting contract. The Contractor shall be the sole point of contact regarding all contractual matters. If the Contractor intends to utilize any Subcontractor’s services, the Subcontractor’s level of effort, tasks, and time allocation must be clearly defined in the Contractor's proposal. The Contractor shall agree that it will not utilize any Subcontractors not specifically included in its proposal in the performance of the contract without the prior written authorization of the State. Following execution of the contract, the Contractor shall proceed diligently with all services and shall perform such services with qualified personnel in accordance with the contract.


J. CONTRACTOR PERSONNEL

Accept (Initial)

Reject (Initial)


NOTES/COMMENTS:

The Contractor warrants that all persons assigned to the project shall be employees of the Contractor or specified Subcontractors, and shall be fully qualified to perform the work required herein. Personnel employed by the Contractor to fulfill the terms of the contract shall remain under the sole direction and control of the Contractor. The Contractor shall include a similar provision in any contract with any Subcontractor selected to perform work on the project. Personnel commitments made in the Contractor's proposal shall not be changed without the prior written approval of the State. Replacement of key personnel, if approved by the State, shall be with personnel of equal or greater ability and qualifications. The State reserves the right to require the Contractor to reassign or remove from the project any Contractor or Subcontractor employee. In respect to its employees, the Contractor agrees to be responsible for the following: 1. any and all employment taxes and/or other payroll withholding; 2. any and all vehicles used by the Contractor’s employees, including all insurance required by state law; 3. damages incurred by Contractor’s employees within the scope of their duties under the contract; 4. maintaining workers’ compensation and health insurance and submitting any reports on such insurance to

the extent required by governing State law; and 5. determining the hours to be worked and the duties to be performed by the Contractor’s employees.

K. STATE OF NEBRASKA PERSONNEL RECRUITMENT PROHIBITION

Accept (Initial)

Reject (Initial)


NOTES/COMMENTS:

The Contractor shall not, at any time, recruit or employ any State employee or agent who has worked on the Request for Proposal or project, or who had any influence on decisions affecting the Request for Proposal or project.

L. CONFLICT OF INTEREST

Accept (Initial)

Reject (Initial)


NOTES/COMMENTS:

By submitting a proposal, bidder certifies that there does not now exist any relationship between the bidder and any person or entity which is or gives the appearance of a conflict of interest related to this Request for Proposal or project. The bidder certifies that it shall not take any action or acquire any interest, either directly or indirectly, which will conflict in any manner or degree with the performance of its services hereunder or which creates an actual or appearance of conflict of interest.


The bidder certifies that it will not employ any individual known by bidder to have a conflict of interest.

M. PROPOSAL PREPARATION COSTS

Accept (Initial)

Reject (Initial)


NOTES/COMMENTS:

The State shall not incur any liability for any costs incurred by bidders in replying to this Request for Proposal, in the demonstrations and/or oral presentations, or in any other activity related to bidding on this Request for Proposal.

N. ERRORS AND OMISSIONS

Accept (Initial)

Reject (Initial)


NOTES/COMMENTS:

The bidder shall not take advantage of any errors and/or omissions in this Request for Proposal or resulting contract. The bidder must promptly notify the State of any errors and/or omissions that are discovered.

O. BEGINNING OF WORK

Accept (Initial)

Reject (Initial)


NOTES/COMMENTS:

The bidder shall not commence any billable work until a valid contract has been fully executed by the State and the successful Contractor. The Contractor will be notified in writing when work may begin.

P. ASSIGNMENT BY THE STATE

Accept (Initial)

Reject (Initial)


NOTES/COMMENTS:

The State shall have the right to assign or transfer the contract or any of its interests herein to any agency, board, commission, or political subdivision of the State of Nebraska. There shall be no charge to the State for any assignment hereunder.


Q. ASSIGNMENT BY THE CONTRACTOR

Accept (Initial)

Reject (Initial)


NOTES/COMMENTS:

The Contractor may not assign, voluntarily or involuntarily, the contract or any of its rights or obligations hereunder (including without limitation rights and duties of performance) to any third party, without the prior written consent of the State, which will not be unreasonably withheld.

R. DEVIATIONS FROM THE REQUEST FOR PROPOSAL

Accept (Initial)

Reject (Initial)


NOTES/COMMENTS:

The requirements contained in the Request for Proposal become a part of the terms and conditions of the contract resulting from this Request for Proposal. Any deviations from the Request for Proposal must be clearly defined by the bidder in its proposal and, if accepted by the State, will become part of the contract. Any specifically defined deviations must not be in conflict with the basic nature of the Request for Proposal, mandatory requirements, or applicable state or federal laws or statutes. “Deviation”, for the purposes of this RFP, means any proposed changes or alterations to either the contractual language or deliverables within the scope of this RFP. The State discourages deviations and reserves the right to reject proposed deviations.

S. GOVERNING LAW

Accept (Initial)

Reject (Initial)


NOTES/COMMENTS:

The contract shall be governed in all respects by the laws and statutes of the State of Nebraska. Any legal proceedings against the State of Nebraska regarding this Request for Proposal or any resultant contract shall be brought in the State of Nebraska administrative or judicial forums as defined by State law. The Contractor must be in compliance with all Nebraska statutory and regulatory law.

T. ATTORNEY'S FEES

Accept (Initial)

Reject (Initial)


NOTES/COMMENTS:

In the event of any litigation, appeal, or other legal action to enforce any provision of the contract, the Contractor agrees to pay all expenses of such action, as permitted by law, including attorney's fees and costs, if the State is the prevailing party.


U. ADVERTISING

Accept (Initial)

Reject (Initial)


NOTES/COMMENTS:

The Contractor agrees not to refer to the contract award in advertising in such a manner as to state or imply that the company or its services are endorsed or preferred by the State. News releases pertaining to the project shall not be issued without prior written approval from the State.

V. STATE PROPERTY

Accept (Initial)

Reject (Initial)


NOTES/COMMENTS:

The Contractor shall be responsible for the proper care and custody of any State-owned property which is furnished for the Contractor's use during the performance of the contract. The Contractor shall reimburse the State for any loss or damage of such property; normal wear and tear is expected.

W. SITE RULES AND REGULATIONS

Accept (Initial)

Reject (Initial)


NOTES/COMMENTS:

The Contractor shall use its best efforts to ensure that its employees, agents, and Subcontractors comply with site rules and regulations while on State premises. If the Contractor must perform on-site work outside of the daily operational hours set forth by the State, it must make arrangements with the State to ensure access to the facility and the equipment has been arranged. No additional payment will be made by the State on the basis of lack of access, unless the State fails to provide access as agreed to between the State and the Contractor. Contractor recognizes and acknowledges that entrance to State Parks require a park entry permit. This requirement is not waived for activity participants and all fees associated with this permit are the property of the NGPC. Contractor staff will be supplied with area specific permits that will be valid for working periods only.

X. NOTIFICATION

Accept (Initial)

Reject (Initial)


NOTES/COMMENTS:

During the bid process, all communication between the State and a bidder shall be between the bidder’s representative clearly noted in its proposal and the buyer noted in Section II. A., Procuring Office and Contact Person, of this RFP. After the award of the contract, all notices under the contract shall be deemed duly given upon delivery to the staff designated as the point of contact for this Request for Proposal, in person, or upon delivery by U.S. Mail, facsimile, or e-mail. Each bidder should provide in its proposal the name, title, and complete address of its designee to receive notices.


1. Except as otherwise expressly specified herein, all notices, requests, or other communications shall be in writing and shall be deemed to have been given if delivered personally or mailed, by U.S. Mail, postage prepaid, return receipt requested, to the parties at their respective addresses set forth above, or at such other addresses as may be specified in writing by either of the parties. All notices, requests, or communications shall be deemed effective upon personal delivery or three (3) calendar days following deposit in the mail.

2. Whenever the Contractor encounters any difficulty which is delaying or threatens to delay its timely

performance under the contract, the Contractor shall immediately give notice thereof in writing to the State reciting all relevant information with respect thereto. Such notice shall not in any way constitute a basis for an extension of the delivery schedule or be construed as a waiver by the State of any of its rights or remedies to which it is entitled by law or equity or pursuant to the provisions of the contract. Failure to give such notice, however, may be grounds for denial of any request for an extension of the delivery schedule because of such delay.

Either party may change its address for notification purposes by giving notice of the change, and setting forth the new address and an effective date. For the duration of the contract, all communication between Contractor and the State regarding the contract shall take place between the Contractor and individuals specified by the State in writing. Communication about the contract between Contractor and individuals not designated as points of contact by the State is strictly forbidden.

Y. EARLY TERMINATION

Accept (Initial)

Reject (Initial)


NOTES/COMMENTS:

The contract may be terminated as follows: 1. The State and the Contractor, by mutual written agreement, may terminate the contract at any time.

2. The State, in its sole discretion, may terminate the contract for any reason upon thirty (30) calendar day’s

written notice to the Contractor. Such termination shall not relieve the Contractor of warranty or other service obligations incurred under the terms of the contract. In the event of termination the Contractor shall be entitled to payment, determined on a pro rata basis, for products or services satisfactorily performed or provided.

3. The State may terminate the contract immediately for the following reasons:

a. If directed to do so by statute; b. Contractor has made an assignment for the benefit of creditors, has admitted in writing its inability

to pay debts as they mature, or has ceased operating in the normal course of business; c. A trustee or receiver of the Contractor or of any substantial part of the Contractor’s assets has

been appointed by a court; d. Fraud, misappropriation, embezzlement, malfeasance, misfeasance, or illegal conduct pertaining

to performance under the contract by its Contractor, its employees, officers, directors, or shareholders;

e. An involuntary proceeding has been commenced by any party against the Contractor under any one of the chapters of Title 11 of the United States Code and (i) the proceeding has been pending for at least sixty (60) calendar days; or (ii) the Contractor has consented, either expressly or by operation of law, to the entry of an order for relief; or (iii) the Contractor has been decreed or adjudged a debtor;

f. A voluntary petition has been filed by the Contractor under any of the chapters of Title 11 of the United States Code;

g. Contractor intentionally discloses confidential information; h. Contractor has or announces it will discontinue support of the deliverable; i. Second or subsequent documented “vendor performance report” form deemed acceptable by the

Agency; or j. Contractor engaged in collusion or actions which could have provided Contractor an unfair

advantage in obtaining this contract.


Z. FUNDING OUT CLAUSE OR LOSS OF APPROPRIATIONS

Accept (Initial)

Reject (Initial)


NOTES/COMMENTS:

The State may terminate the contract, in whole or in part, in the event funding is no longer available. The State’s obligation to pay amounts due for fiscal years following the current fiscal year is contingent upon legislative appropriation of funds for the contract. Should said funds not be appropriated, the State may terminate the contract with respect to those payments for the fiscal years for which such funds are not appropriated. The State will give the Contractor written notice thirty (30) calendar days prior to the effective date of any termination, and advise the Contractor of the location (address and room number) of any related equipment. All obligations of the State to make payments after the termination date will cease and all interest of the State in any related equipment will terminate. The Contractor shall be entitled to receive just and equitable compensation for any authorized work which has been satisfactorily completed as of the termination date. In no event shall the Contractor be paid for a loss of anticipated profit.

AA. BREACH BY CONTRACTOR

Accept (Initial)

Reject (Initial)


NOTES/COMMENTS:

The State may terminate the contract, in whole or in part, if the Contractor fails to perform its obligations under the contract in a timely and proper manner. The State may, by providing a written notice of default to the Contractor, allow the Contractor to cure a failure or breach of contract within a period of thirty (30) calendar days (or longer at State’s discretion considering the gravity and nature of the default). Said notice shall be delivered by Certified Mail, Return Receipt Requested, or in person with proof of delivery. Allowing the Contractor time to cure a failure or breach of contract does not waive the State’s right to immediately terminate the contract for the same or different contract breach which may occur at a different time. In case of default of the Contractor, the State may contract the service from other sources and hold the Contractor responsible for any excess cost occasioned thereby.

BB. ASSURANCES BEFORE BREACH

Accept (Initial)

Reject (Initial)


NOTES/COMMENTS:

If any document or deliverable required pursuant to the contract does not fulfill the requirements of the Request for Proposal/resulting contract, upon written notice from the State, the Contractor shall deliver assurances in the form of additional Contractor resources at no additional cost to the project in order to complete the deliverable, and to ensure that other project schedules will not be adversely affected.


18

CC. ADMINISTRATION – CONTRACT TERMINATION

Accept (Initial)

Reject (Initial)


NOTES/COMMENTS:

1. Contractor must provide confirmation that upon contract termination all deliverables prepares in

accordance with this agreement shall become the property of the State of Nebraska; subject to the ownership provision (section E) contained herein, and is provided to the State of Nebraska at no additional cost to the State.

2. Contractor must provide confirmation that in the event of contract termination, all records that are the

property of the State will be returned to the State within thirty (30) calendar days. Notwithstanding the above, Contractor may retain one copy of any information as required to comply with applicable work product documentation standards or as are automatically retained in the course of Contractor’s routine back up procedures.

DD. FORCE MAJEURE

Accept (Initial)

Reject (Initial)


NOTES/COMMENTS:

Neither party shall be liable for any costs or damages resulting from its inability to perform any of its obligations under the contract due to a natural disaster, or other similar event outside the control and not the fault of the affected party (“Force Majeure Event”). A Force Majeure Event shall not constitute a breach of the contract. The party so affected shall immediately give notice to the other party of the Force Majeure Event. The State may grant relief from performance of the contract if the Contractor is prevented from performance by a Force Majeure Event. The burden of proof for the need for such relief shall rest upon the Contractor. To obtain release based on a Force Majeure Event, the Contractor shall file a written request for such relief with the State Purchasing Bureau. Labor disputes with the impacted party’s own employees will not be considered a Force Majeure Event and will not suspend performance requirements under the contract.

EE. RIGHT TO AUDIT

Accept (Initial)

Reject (Initial)


NOTES/COMMENTS:

Contractor shall establish and maintain a reasonable accounting system that enables the State to readily audit contract. The State and its authorized representatives shall have the right to audit, to examine, and to make copies of or extracts from all financial and related records (in whatever form they may be kept, whether written, electronic, or other) relating to or pertaining to this contract kept by or under the control of the Contractor, including, but not limited to those kept by the Contractor, its employees, agents, assigns, successors, and Subcontractors. Such records shall include, but not be limited to, accounting records, written policies and procedures; all paid vouchers including those for out-of-pocket expenses; other reimbursement supported by invoices; ledgers; cancelled checks; deposit slips; bank statements; journals; original estimates; estimating work sheets; contract amendments and change order files; back charge logs and supporting documentation; insurance documents; payroll documents; timesheets; memoranda; and correspondence.


19

Contractor shall, at all times during the term of this contract and for a period of five (5) years after the completion of this contract, maintain such records, together with such supporting or underlying documents and materials. The Contractor shall at any time requested by the State, whether during or after completion of this contract and at Contractor’s own expense make such records available for inspection and audit (including copies and extracts of records as required) by the State. Such records shall be made available to the State during normal business hours at the Contractor’s office or place of business. In the event that no such location is available, then the financial records, together with the supporting or underlying documents and records, shall be made available for audit at a time and location that is convenient for the State. Contractor shall ensure the State has these rights with Contractor’s assigns, successors, and Subcontractors, and the obligations of these rights shall be explicitly included in any Subcontracts or agreements formed between the Contractor and any Subcontractors to the extent that those Subcontracts or agreements relate to fulfillment of the Contractor’s obligations to the State. Costs of any audits conducted under the authority of this right to audit and not addressed elsewhere will be borne by the State unless certain exemption criteria are met. If the audit identifies overpricing or overcharges (of any nature) by the Contractor to the State in excess of one-half of one percent (.5%) of the total contract billings, the Contractor shall reimburse the State for the total costs of the audit. If the audit discovers substantive findings related to fraud, misrepresentation, or non-performance, the Contractor shall reimburse the State for total costs of audit. Any adjustments and/or payments that must be made as a result of any such audit or inspection of the Contractor’s invoices and/or records shall be made within a reasonable amount of time (not to exceed 90 days) from presentation of the State’s findings to Contractor.

FF. TAXES

Accept (Initial)

Reject (Initial)


NOTES/COMMENTS:

The State is not required to pay taxes of any kind and assumes no such liability as a result of this solicitation. Any property tax payable on the Contractor's equipment which may be installed in a state-owned facility is the responsibility of the Contractor.

GG. INSPECTION AND APPROVAL

Accept (Initial)

Reject (Initial)


NOTES/COMMENTS:

Final inspection and approval of all work required under the contract shall be performed by the designated State officials. The State and/or its authorized representatives shall have the right to enter any premises where the Contractor or Subcontractor duties under the contract are being performed, and to inspect, monitor or otherwise evaluate the work being performed. All inspections and evaluations shall be at reasonable times and in a manner that will not unreasonably delay work.

HH. CHANGES IN SCOPE/CHANGE ORDERS

Accept (Initial)

Reject (Initial)


NOTES/COMMENTS:

The State may, upon the written agreement of Contractor, make changes to the contract within the general scope of the RFP. The State may, at any time work is in progress, by written agreement, make alterations in the terms of work as shown in the specifications, require the Contractor to make corrections, decrease the quantity of work, or


20

make such other changes as the State may find necessary or desirable. The Contractor shall not claim forfeiture of contract by reasons of such changes by the State. Changes in work and the amount of compensation to be paid to the Contractor shall be determined in accordance with applicable unit prices if any, or a pro-rated value. Corrections of any deliverable, service or performance of work required pursuant to the contract shall not be deemed a modification. Changes or additions to the contract beyond the scope of the RFP are not permitted.

II. SEVERABILITY

Accept (Initial)

Reject (Initial)


NOTES/COMMENTS:

If any term or condition of the contract is declared by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining terms and conditions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the contract did not contain the particular provision held to be invalid.

JJ. CONFIDENTIALITY

Accept (Initial)

Reject (Initial)


NOTES/COMMENTS:

All materials and information provided by the State or acquired by the Contractor on behalf of the State shall be regarded as confidential information. All materials and information provided by the State or acquired by the Contractor on behalf of the State shall be handled in accordance with federal and state law, and ethical standards. The Contractor must ensure the confidentiality of such materials or information. Should said confidentiality be breached by a Contractor; Contractor shall notify the State immediately of said breach and take immediate corrective action. It is incumbent upon the Contractor to inform its officers and employees of the penalties for improper disclosure imposed by the Privacy Act of 1974, 5 U.S.C. 552a. Specifically, 5 U.S.C. 552a (i)(1), which is made applicable to Contractors by 5 U.S.C. 552a (m)(1), provides that any officer or employee of a Contractor, who by virtue of his/her employment or official position has possession of or access to agency records which contain individually identifiable information, the disclosure of which is prohibited by the Privacy Act or regulations established thereunder, and who knowing that disclosure of the specific material is prohibited, willfully discloses the material in any manner to any person or agency not entitled to receive it, shall be guilty of a misdemeanor and fined not more than $5,000.

KK. PROPRIETARY INFORMATION

Accept (Initial)

Reject (Initial)


NOTES/COMMENTS:

Data contained in the proposal and all documentation provided therein, become the property of the State of Nebraska and the data becomes public information upon opening the proposal. If the bidder wishes to have any information withheld from the public, such information must fall within the definition of proprietary information contained within Nebraska’s public record statutes. All proprietary information the bidder wishes the State to withhold must be submitted in a sealed package, which is separate from the remainder of the proposal, and


21

provide supporting documents showing why such documents should be marked proprietary. The separate package must be clearly marked PROPRIETARY on the outside of the package. Bidders may not mark their entire Request for Proposal as proprietary. Bidder’s cost proposals may not be marked as proprietary

information. Failure of the bidder to follow the instructions for submitting proprietary and copyrighted information may result in the information being viewed by other bidders and the public. Proprietary information is defined as trade secrets, academic and scientific research work which is in progress and unpublished, and other information which if released would give advantage to business competitors and serve no public purpose (see Neb. Rev. Stat. §84-712.05(3)). In accordance with Attorney General Opinions 92068 and 97033, bidders submitting information as proprietary may be required to prove specific, named competitor(s) who would be advantaged by release of the information and the specific advantage the competitor(s) would receive. Although every effort will be made to withhold information that is properly submitted as proprietary and meets the State’s definition of proprietary information, the State is under no obligation to maintain the confidentiality of proprietary information and accepts no liability for the release of such information. IMPORTANT NOTICE: Pursuant to Neb. Rev. Stat. §84-602.02, all State contracts in effect as of January 1, 2014

will be posted to a public website beginning July 1, 2014. All non-proprietary or confidential information as defined by Law WILL BE POSTED FOR PUBLIC VIEWING. Bidders are required to waive copyrights from privilege for

posting on public website.

LL. CERTIFICATION OF INDEPENDENT PRICE DETERMINATION/COLLUSIVE BIDDING

Accept (Initial)

Reject (Initial)


NOTES/COMMENTS:

By submission of this proposal, the bidder certifies, that it is the party making the foregoing proposal and that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham proposal, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the proposal are true; and further that the bidder has not, directly or indirectly, submitted the proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, proposal depository, or to any member or agent thereof to effectuate a collusive or sham proposal.

MM. STATEMENT OF NON-COLLUSION

Accept (Initial)

Reject (Initial)


NOTES/COMMENTS:

The proposal shall be arrived at by the bidder independently and be submitted without collusion with, and without any direct or indirect agreement, understanding or planned common course of action with, any person; firm; corporation; bidder; Contractor of materials, supplies, equipment or services described in this RFP. Bidder shall not collude with, or attempt to collude with, any state officials, employees or agents; or evaluators or any person involved in this RFP. The bidder shall not take any action in the restraint of free competition or designed to limit independent bidding or to create an unfair advantage. Should it be determined that collusion occurred, the State reserves the right to reject a bid or terminate the contract and impose further administrative sanctions.


22

NN. PRICES

Accept (Initial)

Reject (Initial)


NOTES/COMMENTS:

All revenue sharing and terms and conditions outlined in the proposal shall remain fixed and valid commencing on the opening date of the proposal until an award is made and for bidder receiving award, revenue sharing shall remain fixed as bid for the duration of the contract unless, after the first two (2) years of the contract, the Contractor and the Nebraska Game and Parks Commission mutually agree, in writing, to a different revenue share Contractor also represents and warrants that all prices set forth in the contract and all prices in addition, which the Contractor may charge under the terms of the contract, do not and will not violate any existing federal, state, or municipal law or regulations concerning price discrimination and/or price fixing. Contractor agrees to hold the State harmless from any such violation. Prices quoted shall not be subject to increase throughout the contract period unless specifically allowed by these specifications.

OO. BEST AND FINAL OFFER

Accept (Initial)

Reject (Initial)


NOTES/COMMENTS:

The State will compile the final scores for all parts of each proposal. The award may be granted to the highest scoring responsive and responsible bidder. Alternatively, the highest scoring bidder or bidders may be requested to submit best and final offers. If best and final offers are requested by the State and submitted by the bidder, they will be evaluated (using the stated criteria), scored, and ranked by the Evaluation Committee. The award will then be granted to the highest scoring bidder. However, a bidder should provide its best offer in its original proposal. Bidders should not expect that the State will request a best and final offer.

PP. ETHICS IN PUBLIC CONTRACTING

Accept (Initial)

Reject (Initial)


NOTES/COMMENTS:

No bidder shall pay or offer to pay, either directly or indirectly, any fee, commission compensation, gift, gratuity, or anything of value to any State officer, legislator, employee or evaluator based on the understanding that the receiving person’s vote, actions or judgment will be influenced thereby. No bidder shall give any item of value to any employee of the State Purchasing Bureau or any evaluator. Bidders shall be prohibited from utilizing the services of lobbyists, attorneys, political activists, or consultants to secure the contract. It is the intent of this provision to assure that the prohibition of state contact during the procurement process is not subverted through the use of lobbyists, attorneys, political activists, or consultants. It is the intent of the State that the process of evaluation of proposals and award of the contract be completed without external influence. It is not the intent of this section to prohibit bidders from seeking professional advice, for example consulting legal counsel, regarding terms and conditions of this Request for Proposal or the format or content of their proposal. If the bidder is found to be in non-compliance with this section of the Request for Proposal, they may forfeit the contract if awarded to them or be disqualified from the selection process.


23

QQ. INDEMNIFICATION

Accept (Initial)

Reject (Initial)


NOTES/COMMENTS:

1. GENERAL

The Contractor agrees to defend, indemnify, hold, and save harmless the State and its employees, volunteers, agents, and its elected and appointed officials (“the indemnified parties”) from and against any and all claims, liens, demands, damages, liability, actions, causes of action, losses, judgments, costs, and expenses of every nature, including investigation costs and expenses, settlement costs, and attorney fees and expenses (“the claims”), sustained or asserted against the State, arising out of, resulting from, or attributable to the willful misconduct, negligence, error, or omission of the Contractor, its employees, Subcontractors, consultants, representatives, and agents, except to the extent such Contractor liability is attenuated by any action of the State which directly and proximately contributed to the claims.

2. INTELLECTUAL PROPERTY

The Contractor agrees it will at its sole cost and expense, defend, indemnify, and hold harmless the indemnified parties from and against any and all claims, to the extent such claims arise out of, result from, or are attributable to, the actual or alleged infringement or misappropriation of any patent, copyright, trade secret, trademark, or confidential information of any third party by the Contractor or its employees, Subcontractors, consultants, representatives, and agents; provided, however, the State gives the Contractor prompt notice in writing of the claim. The Contractor may not settle any infringement claim that will affect the State’s use of the Licensed Software without the State’s prior written consent, which consent may be withheld for any reason. If a judgment or settlement is obtained or reasonably anticipated against the State’s use of any intellectual property for which the Contractor has indemnified the State, the Contractor shall at the Contractor’s sole cost and expense promptly modify the item or items which were determined to be infringing, acquire a license or licenses on the State’s behalf to provide the necessary rights to the State to eliminate the infringement, or provide the State with a non-infringing substitute that provides the State the same functionality. At the State’s election, the actual or anticipated judgment may be treated as a breach of warranty by the Contractor, and the State may receive the remedies provided under this RFP.

3. PERSONNEL

The Contractor shall, at its expense, indemnify and hold harmless the indemnified parties from and against any claim with respect to withholding taxes, worker’s compensation, employee benefits, or any other claim, demand, liability, damage, or loss of any nature relating to any of the personnel provided by the Contractor.

RR. NEBRASKA TECHNOLOGY ACCESS STANDARDS

Accept (Initial)

Reject (Initial)


NOTES/COMMENTS:

Contractor shall review the Nebraska Technology Access Standards, found at http://nitc.nebraska.gov/standards/2-201.html and ensure that products and/or services provided under the contract are in compliance or will comply with the applicable standards. In the event such standards change during the Contractor’s performance, the State may create an amendment to the contract to request that contract comply with the changed standard at a cost mutually acceptable to the parties.

http://nitc.nebraska.gov/standards/2-201.html

http://nitc.nebraska.gov/standards/2-201.html


24

SS. ANTITRUST

Accept (Initial)

Reject (Initial)


NOTES/COMMENTS:

The Contractor hereby assigns to the State any and all claims for overcharges as to goods and/or services provided in connection with this contract resulting from antitrust violations which arise under antitrust laws of the United States and the antitrust laws of the State.

TT. DISASTER RECOVERY/BACK UP PLAN

Accept (Initial)

Reject (Initial)


NOTES/COMMENTS:

The Contractor shall have a disaster recovery and back-up plan, of which a copy should be provided to the State, which includes, but is not limited to equipment, personnel, facilities, and transportation, in order to continue services as specified under these specifications in the event of a disaster.

UU. TIME IS OF THE ESSENCE

Accept (Initial)

Reject (Initial)


NOTES/COMMENTS:

Time is of the essence in this contract. The acceptance of late performance with or without objection or reservation by the State shall not waive any rights of the State nor constitute a waiver of the requirement of timely performance of any obligations on the part of the Contractor remaining to be performed.

VV. RECYCLING

Accept (Initial)

Reject (Initial)


NOTES/COMMENTS:

Preference will be given to items which are manufactured or produced from recycled material or which can be readily reused or recycled after their normal use as per Neb. Rev. Stat. §81-15,159.

WW. DRUG POLICY

Accept (Initial)

Reject (Initial)


NOTES/COMMENTS:


25

Contractor certifies that it maintains a drug free work place environment to ensure worker safety and workplace integrity. Contractor agrees to provide a copy of its drug free workplace policy at any time upon request by the State.

XX. EMPLOYEE WORK ELIGIBILITY STATUS

Accept (Initial)

Reject (Initial)


NOTES/COMMENTS:

The Contractor is required and hereby agrees to use a federal immigration verification system to determine the work eligibility status of employees physically performing services within the State of Nebraska. A federal immigration verification system means the electronic verification of the work authorization program authorized by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, 8 U.S.C. 1324a, known as the E-Verify Program, or an equivalent federal program designated by the United States Department of Homeland Security or other federal agency authorized to verify the work eligibility status of an newly hired employee. If the Contractor is an individual or sole proprietorship, the following applies: 1. The Contractor must complete the United States Citizenship Attestation Form, available on the

Department of Administrative Services website at: http://das.nebraska.gov/materiel/purchasing.html

The completed United States Attestation Form should be submitted with the Request for Proposal response.

2. If the Contractor indicates on such attestation form that he or she is a qualified alien, the Contractor agrees to provide the US Citizenship and Immigration Services documentation required to verify the Contractor’s lawful presence in the United States using the Systematic Alien Verification for Entitlements (SAVE) Program.

3. The Contractor understands and agrees that lawful presence in the United States is required and the

Contractor may be disqualified or the contract terminated if such lawful presence cannot be verified as required by Neb. Rev. Stat. §4-108.

YY. CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND INELIGIBILITY

Accept (Initial)

Reject (Initial)


NOTES/COMMENTS:

The Contractor, by signature to this RFP, certifies that the Contractor is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any federal department or agency from participating in transactions (debarred). The Contractor also agrees to include the above requirements in any and all Subcontracts into which it enters. The Contractor shall immediately notify the Department if, during the term of this contract, Contractor becomes debarred. The Department may immediately terminate this contract by providing Contractor written notice if Contractor becomes debarred during the term of this contract. Contractor, by signature to this RFP, certifies that Contractor has not had a contract with the State of Nebraska terminated early by the State of Nebraska. If Contractor has had a contract terminated early by the State of Nebraska, Contractor must provide the contract number, along with an explanation of why the contract was terminated early. Prior early termination may be cause for rejecting the proposal.



26

ZZ. POLITICAL SUB-DIVISIONS

Accept (Initial)

Reject (Initial)


NOTES/COMMENTS:

The Contractor may extend the contract to political sub-divisions conditioned upon the honoring of the prices charged to the State. Terms and conditions of the Contract must be met by political sub-divisions. Under no circumstances shall the State be contractually obligated or liable for any purchases by political sub-divisions or other public entities not authorized by Neb. Rev. Stat. §81-145, listed as “all officers of the state, departments, bureaus, boards, commissions, councils, and institutions receiving legislative appropriations.” A listing of Nebraska political subdivisions may be found at the website of the Nebraska Auditor of Public Accounts.

AAA. LICENSE/SERVICE OR OTHER AGREEMENTS

Accept (Initial)

Reject (Initial)


NOTES/COMMENTS:

Any License/Service or other such agreements which the bidder may want the State to consider must be submitted with the bid. Any License/Service or other such agreements submitted to the State post bid opening may result in the bid being rejected in its entirety. Any such agreement, if agreed to by the State, will be considered an addendum to the contract. Any terms and conditions contained in any such accepted agreement (addendum) must not conflict with or alter the State’s Terms and Conditions (Terms and Conditions) as contained in the RFP and finalized in the contract. In the event of any conflict between the Terms and Conditions and any addendum the Terms and Conditions will prevail.

The State reserves the right to reject any submitted addendum and considers the submission of any such addendum to be a proposed alteration of the Terms and Conditions.

This clause does not apply to any third party license or service agreements.


27

IV. PROJECT DESCRIPTION AND SCOPE OF WORK

The bidder should provide the following information in response to this Request for Proposal.

A. SCOPE OF WORK

Scope of Services

The State of Nebraska, Game and Parks Commission (NGPC), is issuing this Request for Proposal for the purpose of selecting a qualified concessionaire/contractor to plan, design, develop, build, operate and maintain an aerial adventure course at E.T. Mahoney State Park and Platte River State Park.

1. Overview of E.T. Mahoney State Park

Eugene T. Mahoney State Park, located between Nebraska’s two largest cities-Omaha and Lincoln, offers year-round accommodations and recreational use. This ultra-modern park offers an array of lodging (cabins, lodge rooms and campgrounds), group meeting facilities and activities. Located near Ashland, just off of I-80 at exit 426, Mahoney nestles on 690 acres along the picturesque Platte River. The park opened in 1991 and provides the following amenities: family aquatic center, ice skating rink, toboggan hill for sledding, restaurant, marina, paddleboats, fishing, miniature golf course, indoor activity center, playgrounds, performance theater, horseback trail rides, Frisbee disc golf course, game room, picnic facilities, and multiple miles of hiking and biking trails.

To access the E.T. Mahoney State Park website, please go to the following site: http://outdoornebraska.gov/parks/park_pages/Mahoney_SP/.

Overview of Platte River State Park

Platte River State Park is situated three miles west of Louisville about halfway between Omaha and Lincoln along the Platte River. The 418 acre park is open year round and provides a wide range of activities and lodging choices. The park features meeting and conference facilities, camper cabins, modern cabins, primitive camping, tepees for camping, a swimming pool, marina, guided horseback trail rides, hiking trails, wildlife watching, mountain biking trails, paddleboats, fishing, and a restaurant. There is a state of the art outdoor heritage education complex that includes a 50-yard firearm range, 60-yard archery range, shotgun range and an indoor air gun range. To access the Platte River State Park website, please go to the following site: http://outdoornebraska.gov/parks/park_pages/PlatteRiver_SP/. This project is one of a several new amenities that will be built at E.T. Mahoney and Platte River State Parks as part of the Venture Parks project that encompasses four parks along the Platte River Valley. The goal is to create new experiences for the future generation of park goers.

2. Scope of Contract

It is the Nebraska Game and Parks Commission’s (NGPC) objective to establish a high quality aerial adventure course with a qualified Contractor who will provide, at their expense, all aspects of planning, designing, building, maintenance and staffing, advertising, scheduling, implementing, and operation of the program on a year- round basis. NGPC will design, construct, and operate utility services, restrooms and parking associated with the activity. A revenue sharing agreement will be established with the selected Vendor on a per participant fee basis.

The selected Contractor shall build and operate a high ropes adventure course with minimal environmental impact, as determined by NGPC, to the selected areas located within E.T. Mahoney and Platte River State Parks. The Contractor shall employ or contract for the services of an arborist and other staff necessary to determine the environmental impact of any construction or removal of a high ropes adventure course under the terms of this agreement. The environmental impact of proposed construction or removal of a high ropes adventure course includes, but is not limited to, the identification of any trees to be removed including the trees’ estimated age, size, and classification. The Contractor must submit plans prior to construction or removal of the high ropes adventure course detailing the environmental impact of any proposed construction or removal of the high ropes adventure course. The Contractor shall not begin construction or removal of the high ropes adventure course, including but not limited to removing any trees or foliage, without first obtaining approval of the Nebraska Game and Parks Commission of the environmental impact of any proposed plans. Contractor

http://outdoornebraska.gov/parks/park_pages/Mahoney_SP/

http://outdoornebraska.gov/parks/park_pages/PlatteRiver_SP/


28

shall utilize the forest and landscape for educational purposes as part of the design. The Commission may reject any plans or designs for the high ropes adventure course which the Commission determines would have more than a minimal impact to the selected areas located within E.T. Mahoney and Platte River State Parks.

The agreed course shall be removable at the end of the contracted period and create negligible environmental or aesthetic impact on the park. NGPC will retain the right to procure any used equipment identified by the awarded Contractor which will be subject to separate negotiations at the end of the contract term. This opportunity to procure the adventure course equipment presents no binding responsibility on the Contractor or NGPC to enter into negotiations at the time this underlying contract is established; nor does it guarantee procurement of any equipment will occur.

This service will need to operate within the NGPC's mission, daily operational plans, other programs, events, and rentals. E.T. Mahoney and Platte River State Parks operations currently includes day use parking areas, picnic shelters, restrooms, guided horseback rides at each park, education programming, multi-use trails, athletic fields, boat rental and other facilities. Interested contractors shall become familiar with NGPC's goals and are encouraged to go to http://outdoornebraska.gov for more information.

NGPC has designated Area 1 of E.T. Mahoney State Park and Area 1 of Platte River State Park to be the approximate boundary of the planned adventure course. For a location overview, please refer to the Appendix A which provides an aerial view of the Park and Areas.

NGPC will provide for utility services, restrooms and parking associated with this activity. NGPC will design utility services, restrooms and parking associated with the activity.

Bidder shall confirm understanding of owner’s desire for adventure course development in both park locations and full operation by the bidder upon award of contact.

3. Tasks to be Performed

Qualified bidders shall submit a proposal to address each of the tasks described in this Request for Proposal. Once awarded to the Contractor, the Contractor shall consider the following tasks as minimum operating conditions of the course to be designed, installed and operated. The defined and accepted standards for design, operation, staffing, inspection and maintenance of the aerial adventure course be consistent with and satisfy the most current standards as defined by the Association For Challenge Course Technology, (ACCT); http://www.acctinfo.org

a) To design and construct a high ropes aerial adventure course that is managed with the highest priority being to protect the natural features of E.T. Mahoney and Platte River State Parks while providing visitors with educational interpretation that promotes sound environmental stewardship.

b) To provide a high ropes adventure course that operates within the parks’ current infrastructure and its limitations towards visitor services. An operational schedule shall be identified. The State desires that at least one course be operational in 2016 and the second course operational within the next twelve (12) months.

c) To provide a high ropes adventure course for participants ranging from elementary age children up through mature adults to access the forest by climbing up into the trees. The course should offer a unique first-hand experience of the forest ecosystem, while also providing exercise, team building and personal confidence building skills. Provision of a staged or graduated course that allows for varying pricing is desired. Give examples.

d) To provide type and quantity of trained staff and supervisory personnel to operate the high ropes adventure course; including a comprehensive staffing chart for the operation of the facility and a summary of the weekly staffing schedule. Bidder shall define their training process(es) program and any relevant certifications.

e) Specific types of information about services to implement, to obtain maximum customer participation; for example, unique methods of service, creative marketing techniques, various styles of service, promotional programs, incentives, etc.

f) Submit a plan clearly outlining the safety procedures and guidelines that the bidder employs in their daily operation of the ropes course. Plan needs to incorporate what safety devices are in place for each participant, devices and plans for responding to emergencies, and schedule of equipment inspections. Submit safety performance and incident records for any current and prior

http://outdoornebraska.gov/


29

operations/facilities within the past 10 years; for staff and customers. Define the pre-climb instruction process for participants as well as any qualifying elements.

g) All operating plans must meet Americans with Disabilities Act (ADA) requirements for outdoor recreational facilities.

h) The successful bidder must establish formal evaluation and quality control procedures to monitor each facet of the contract including a defined method for obtaining customer feedback regarding the activity and staff, to be shared with NGC staff as received. The evaluation and quality control procedures must provide sufficient information to allow NGPC administrators to monitor the program's progress and effectiveness.

i) Describe your firm's accounting system, planned frequency of reporting procedures, and management control checks. Provide a SAMPLE of the kind of financial operating reports your firm will use for this facility. Include the annual operating statement for a similar-size facility which you operate.

j) Bidder shall submit a projected budget for the first four (4) years of operation. The projected budget shall be substantiated by other projects of similar scope and magnitude, with any notable deviations highlighted for comparative purposes. Attachment B provides visitation numbers for the past 5 years for E T Mahoney State Park, Platte River State Park and Louisville State Recreation Area.

4. Additional On-going Operational Responsibilities of the Contractor

In addition to the safe operation of the adventure course, the Contractor shall be obligated to the following

conditions. Bidders are encouraged to address compliance with the following terms to ensure adequate

representation and scoring of their proposals.

a) Safety: The Contractor shall maintain at all times the E.T. Mahoney and Platte River State Parks’ high rope adventure course facilities in a clean and safe manner in accordance with all Federal, State, and County laws, codes, and regulations. The adventure course facilities are subject to inspection by any officially recognized parties for safety requirements. Contractor will provide third party inspections of the financials, trees, equipment and course on an annual basis and submit those reports to NGPC within 30 days of completion of inspection. Minimum standards shall be defined by the Association for Challenge Course Technology, (ACCT). Contractor shall document physical inspection following storm events in a timely manner.

b) Security: The areas under the Contractor's jurisdiction shall be the Contractor’s responsibility relative

to security. Contractor shall describe their security plan implementation both during scheduled hours

and after hours.

c) Damage to Premises: The Contractor shall be obligated to give the park superintendent prompt written notice of damage occurring to Contractor’s premises. Such notices shall be deliverable within twenty-four (24) hours.

d) Bodily Injury: The Contractor shall present copies of all notices received or recorded for any and all bodily injury occurring within, and reasonably attributable to, the adventure course operation or facility. Notices of bodily injury shall be delivered within two (2) calendar days. Injury resulting in serious bodily injury or fatality shall be reported to NGPC immediately.

e) Repair of high ropes adventure course facilities: The Contractor shall be responsible for the maintenance, repairs, inspections for the facilities and equipment of high ropes adventure course on an on-going basis, and following any storm event that has caused damage with the forested event areas.

f) Contractor shall provide the Park Superintendent with two copies of the projected annual operating budget at the beginning of each fiscal year. The annual budget shall include the estimates of customer participation, operating expenditures, sales, projected revenue and anticipated contribution to State.


30

g) The Contractor shall advertise for, hire and employ sufficient properly trained personnel to safely build, operate and/or maintain the designated adventure course. A Contractor will conduct mandatory staff training for all staff at the start of the operational season, and upon the hiring of any new/replacement staff. “In-Service” training shall be conducted on a bi-weekly basis throughout the defined operational season. Training sessions shall include, but not limited to, instruction on how to instruct participants properly, how to show participants proper harness and attachment, how to inspect the ropes course, how to monitor participants using the course, proper customer service, protocol for emergencies and proper reporting processes. A log book of all training sessions shall be maintained at the site and made available for inspection by the State upon request.

h) Cleaning and Janitorial Service: The Contractor agrees to furnish all labor supplies, materials, equipment and supervision sufficient to maintain any course facility and connecting trails in a clean and sanitary condition at all times. If the Contractor decides to stay open for any event on a non-working day, or after normal business hours, the Contractor will assume the responsibility for cleaning the assigned areas of park.

i) The Contractor is responsible to notify the E.T. Mahoney and Platte River Park Superintendents or designees, in writing, of any potential violations which, under terms of the Contract, the Contractor carries the responsibility to correct.

j) If the Contractor notices any conditions which are unsafe, unhealthy, or in any other way could cause an accident, the Contractor shall make or cause to be made, appropriate repairs to remedy the condition. If corrections of the Condition will take more than routine attention, and is deemed to be critical for safe operation, the Contractor agrees to notify the Park Superintendent the same day. For non-critical conditions, the Contractor shall notify the Park Superintendent within two (2) days. The Contractor must close down all portions of the high ropes adventure course that are affected by conditions that are critical for safe operation until repair is complete.

k) The Contractor and any subcontractors shall give access to the authorized representative of the Secretary of Labor for the purpose of inspecting or carrying out any of the Secretary's duties under the Occupational Safety and Health Act of 1980, as amended. The Contractor shall be responsible for any violation of it or any regulation issued there under and shall immediately remedy any conditions giving rise to such a violation. The Contractor shall defend and hold the State (NGPC) harmless from any fine, penalty, or liability in connection therewith.

l) The Contractor shall immediately notify the appropriate Police or Fire Department in the event of fire or other emergency by calling the emergency telephone number. The Contractor shall train all employees to respond to emergencies based on procedures established by the State (NGPC). A response protocol will be developed by the State (NGPC) and provided to the Contractor prior to placing the activity into operation.

m) The Contractor will provide educational interpretation along the aerial adventures course, at the cost of the Contractor. Educational materials must be reviewed and approved by the State’s designated representative. Include examples.

n) Contractor may sell/vend products related to their activity so long as those products do not directly compete with or are of the same design as products offered by NGPC or consigned vendors. Proceeds of sales subject to revenue sharing.

o) Contractor shall define their cancellation and refund/reschedule policy in the event of emergency or weather related closures, and a description of operational limits as related to weather. Contractor shall be responsible for all refunds associated with their activity and refund transactions shall be documented for accounting purposes. All closures of this nature shall be reported to park personnel prior to closure or within one hour.

p) Contractor shall provide for all information technology, point of sales and communications equipment and services within their area of operation and billing associated with those services. NGPC shall provide service to connection point within designated areas.

q) Contractor shall identify any support amenities or utility needs that may be requested of NGPC.


31

r) Contractor shall confirm their understanding of park regulations and entry permit requirements. 5. Payments to Nebraska Game and Parks Commission

The Contractor shall agree to make payments to NGPC on a monthly basis. Payments shall be received by park management within thirty (30) days after the period ends, and shall include an accounting of entrants to the adventure course.

6. Contractor Obligation at Contract End

The Contractor shall be responsible for the following activities when the contract has been ended.

a. Removal of all equipment from the high ropes adventure course.

b. The Contractor shall make every reasonable effort to minimize the lingering environmental and aesthetic

effects of the equipment removal on the Parks.

c. The Contractor shall remove all debris created from removal of equipment.

d. The Contractor will make every reasonable effort to ensure the public safety and the safety of wildlife during the removal of equipment, and shall make reasonable efforts to ensure a safe environment after equipment has been removed. The Contractor will not be accountable for 'hidden' or natural dangers outside the Contractor's ability to control.

e. The Contractor shall remove all equipment within sixty (60) days after the contract has ended.

7. E.T. Mahoney and Platte River State Parks Continuing Operations

As identified in the E.T. Mahoney and Platte River State Parks Overview, the Parks currently allows various activities on its grounds. The Vendor shall be aware that E.T. Mahoney and Platte River State Parks will continue to operate these activities. Any activities that may interfere with the adventure course or be endangered by the operation of the adventure course shall be addressed with park management. The Contractor agrees to use its best efforts to avoid inference with the operation of the parks, and the Nebraska Game and Parks Commission agree to use its best efforts to avoid interference with the operation of the high ropes adventure course. Any modification of existing activities or restrictions to access within the park shall be negotiated and agreed to between the Contractor and NGPC. NGPC representatives shall be the designated Park Superintendent at either park location; E.T. Mahoney State Park and Platte River State Park.

The selection of a Contractor will not prohibit the NGPC from entering into other contracts or concessions located within E.T. Mahoney and Platte River State Parks or other parks within the State of Nebraska's park system. NGPC shall not contract for an alternative high ropes adventure course on the E.T. Mahoney and Platte River State Parks while the executed contract remains in effect.


32

V. PROPOSAL INSTRUCTIONS

This section documents the mandatory requirements that must be met by bidders in preparing the Technical and Cost Proposal. Bidders should identify the subdivisions of “Project Description and Scope of Work” clearly in their proposals; failure to do so may result in disqualification. Failure to respond to a specific requirement may be the basis for elimination from consideration during the State’s comparative evaluation. Proposals are due by the date and time shown in the Schedule of Events. Content requirements for the Technical and Cost Proposal are presented separately in the following subdivisions, format and order: A. PROPOSAL SUBMISSION

1. REQUEST FOR PROPOSAL FORM

By signing the “Request for Proposal for Contractual Services” form, the bidder guarantees compliance with the provisions stated in this Request for Proposal, agrees to the Terms and Conditions stated in this Request for Proposal unless otherwise agreed to, and certifies bidder maintains a drug free work place environment. The Request for Proposal for Contractual Services form must be signed in ink and returned by the stated date and time in order to be considered for an award.

Further, Section III. Terms and Conditions must be returned with the proposal response.

2. CORPORATE OVERVIEW

The Corporate Overview section of the Technical Proposal should consist of the following subdivisions: a. BIDDER IDENTIFICATION AND INFORMATION

The bidder must provide the full company or corporate name, address of the company's headquarters, entity organization (corporation, partnership, proprietorship), state in which the bidder is incorporated or otherwise organized to do business, year in which the bidder first organized to do business and whether the name and form of organization has changed since first organized.

b. FINANCIAL STATEMENTS

The bidder must provide financial statements applicable to the firm. If publicly held, the bidder must provide a copy of the corporation's most recent audited financial reports and statements, and the name, address, and telephone number of the fiscally responsible representative of the bidder’s financial or banking organization. If the bidder is not a publicly held corporation, either the reports and statements required of a publicly held corporation, or a description of the organization, including size, longevity, client base, areas of specialization and expertise, and any other pertinent information, must be submitted in such a manner that proposal evaluators may reasonably formulate a determination about the stability and financial strength of the organization. Additionally, a non-publicly held firm must provide a banking reference. The bidder must disclose any and all judgments, pending or expected litigation, or other real or potential financial reversals, which might materially affect the viability or stability of the organization, or state that no such condition is known to exist.

c. CHANGE OF OWNERSHIP

If any change in ownership or control of the company is anticipated during the twelve (12) months following the proposal due date, the bidder must describe the circumstances of such change and indicate when the change will likely occur. Any change of ownership to an awarded vendor(s) will require notification to the State. The State may elect to use a third-party to conduct credit checks as part of the corporate overview evaluation.

d. OFFICE LOCATION

The bidder’s office location responsible for performance pursuant to an award of a contract with the State of Nebraska must be identified.


33

e. RELATIONSHIPS WITH THE STATE

The bidder shall describe any dealings with the State over the previous five (5) years. If the organization, its predecessor, or any party named in the bidder’s proposal response has contracted with the State, the bidder shall identify the contract number(s) and/or any other information available to identify such contract(s). If no such contracts exist, so declare.

f. BIDDER'S EMPLOYEE RELATIONS TO STATE

If any party named in the bidder's proposal response is or was an employee of the State within the past twenty-four (24) months, identify the individual(s) by name, State agency with whom employed, job title or position held with the State, and separation date. If no such relationship exists or has existed, so declare. If any employee of any agency of the State of Nebraska is employed by the bidder or is a Subcontractor to the bidder, as of the due date for proposal submission, identify all such persons by name, position held with the bidder, and position held with the State (including job title and agency). Describe the responsibilities of such persons within the proposing organization. If, after review of this information by the State, it is determined that a conflict of interest exists or may exist, the bidder may be disqualified from further consideration in this proposal. If no such relationship exists, so declare.

g. CONTRACT PERFORMANCE

If the bidder or any proposed Subcontractor has had a contract terminated for default during the past ten (10) years, all such instances must be described as required below. Termination for default is defined as a notice to stop performance delivery due to the bidder's non-performance or poor performance, and the issue was either not litigated due to inaction on the part of the bidder or litigated and such litigation determined the bidder to be in default. It is mandatory that the bidder submit full details of all termination for default experienced during the past ten (10) years, including the other party's name, address and telephone number. The response to this section must present the bidder’s position on the matter. The State will evaluate the facts and will score the bidder’s proposal accordingly. If no such termination for default has been experienced by the bidder in the past ten (10) years, so declare. If at any time during the past ten (10) years, the bidder has had a contract terminated for convenience, non-performance, non-allocation of funds, or any other reason, describe fully all circumstances surrounding such termination, including the name and address of the other contracting party.

h. SUMMARY OF BIDDER’S CORPORATE EXPERIENCE

The bidder shall provide a summary matrix listing the bidder’s previous projects similar to this Request for Proposal in size, scope and complexity. The State will use no more than three (3) narrative project descriptions submitted by the bidder during its evaluation of the proposal. The bidder should address the following: i. Provide narrative descriptions to highlight the similarities between the bidder’s

experience and this Request for Proposal. These descriptions must include:

a) The time period of the project; b) The scheduled and actual completion dates; c) The Contractor’s responsibilities; d) For reference purposes, a customer name (including the name of a contact

person, a current telephone number, a facsimile number, and e-mail address); and

e) Each project description shall identify whether the work was performed as the prime Contractor or as a Subcontractor. If a bidder performed as the prime Contractor, the description must provide the originally scheduled completion date and budget, as well as the actual (or currently planned) completion date and actual (or currently planned) budget.

f) Identify past experience with government organization and applicable programs g) References for other current operations provided as well as contact information

for each.


34

ii. Contractor and Subcontractor(s) experience must be listed separately. Narrative descriptions submitted for Subcontractors must be specifically identified as Subcontractor projects.

iii. If the work was performed as a Subcontractor, the narrative description shall identify the same information as requested for the Contractors above. In addition, Subcontractors shall identify what share of contract costs, project responsibilities, and time period were performed as a Subcontractor.

i. SUMMARY OF BIDDER’S PROPOSED PERSONNEL/MANAGEMENT APPROACH

The bidder must present a detailed description of its proposed approach to the management of the project. The bidder must identify the specific professionals who will work on the State’s project if their company is awarded the contract resulting from this Request for Proposal. The names and titles of the team proposed for assignment to the State project shall be identified in full, with a description of the team leadership, interface and support functions, and reporting relationships. The primary work assigned to each person should also be identified. The bidder shall provide resumes for all personnel proposed by the bidder to work on the project. The State will consider the resumes as a key indicator of the bidder’s understanding of the skill mixes required to carry out the requirements of the Request for Proposal in addition to assessing the experience of specific individuals. Resumes must not be longer than three (3) pages. Resumes shall include, at a minimum, academic background and degrees, professional certifications, understanding of the process, and at least three (3) references (name, address, and telephone number) who can attest to the competence and skill level of the individual. Any changes in proposed personnel shall only be implemented after written approval from the State.

j. SUBCONTRACTORS

If the bidder intends to Subcontract any part of its performance hereunder, the bidder must provide: i. Name, address, and telephone number of the Subcontractor(s); ii. Specific tasks for each Subcontractor(s); iii. Percentage of performance hours intended for each Subcontract; and iv. Total percentage of Subcontractor(s) performance hours.

3. TECHNICAL APPROACH

The technical approach section of the Technical Proposal must consist of the following subsections: a. Understanding of the project requirements; b. Proposed development approach; c. Technical considerations; d. Detailed project work and operational staff matrix plan; and e. Deliverables and due dates.

B. COST PROPOSAL REQUIREMENTS

This section describes the requirements to be addressed by bidders in preparing the Cost Proposal. The bidder must submit the Cost Proposal (Form C) in a section of the proposal that is a separate section or is packaged separately as specified in the RFP from the Technical Proposal section. The component costs of the fixed price proposal for providing the services set forth in the Request for Proposal must be provided by submitting forms substantially equivalent to those described below. 1. PRICING SUMMARY

This summary shall present the total fixed price to perform all of the requirements of the Request for Proposal. The bidder must include details in the Cost Proposal supporting any and all costs. These details must include, at a minimum, detailed descriptions and/or specifications of the goods and/or services to be provided, quantities, and timing and unit costs, if applicable. The State reserves the right to review all aspects of the Cost Proposal for reasonableness and to request clarification of any proposal where the cost component shows significant and unsupported deviation from industry standards or in areas where detailed pricing is required.


35

2. PRICES

Prices quoted shall be net; Bid pricing shall be held for the first two (2) years of the contract and then adjusted upon mutual written agreement.

C. PAYMENT SCHEDULE.

The Contractor shall agree to make payments to NGPC on a monthly basis. Payment shall be received by park management within thirty (30) days after the period ends, and shall include a count of entrants to the adventure course


36

Form A

Bidder Contact Sheet

Request for Proposal Number 5201 Z1

The Bidder Contact Sheet should be completed and submitted with each response to this Request for Proposal. This is intended to provide the State with information on the bidder’s name and address, and the specific person(s) who are responsible for preparation of the bidder’s response. Each bidder shall also designate a specific contact person who will be responsible for responding to the State if any clarifications of the bidder’s response should become necessary. This will also be the person who the State contacts to set up a presentation/demonstration, if required.

Preparation of Response Contact Information

Bidder Name:

Bidder Address:

Contact Person & Title:

E-mail Address:

Telephone Number (Office):

Telephone Number (Cellular):

Fax Number:

Each bidder shall also designate a specific contact person who will be responsible for responding to the State if any clarifications of the bidder’s response should become necessary. This will also be the person who the State contacts to set up a presentation/demonstration, if required.

Communication with the State Contact Information

Bidder Name:

Bidder Address:

Contact Person & Title:

E-mail Address:

Telephone Number (Office):

Telephone Number (Cellular):

Fax Number:


37

Form B

Notification of Intent to Bid

Request for Proposal Number 5201 Z1

Bidder Name:

Bidder Address:

Contact Person:

E-mail Address:

Telephone Number:

Fax Number:

The “Notification of Intent to Bid” form should be submitted to the Nebraska Game and Parks Commission via e-mail [email protected], facsimile (402-471-5650 hand delivered or US Mail by the date shown in the Schedule of Events.

please read carefully! scope of serviceoutdoornebraska.gov/.../01/rfp_aac_5201z1_01272016.pdf · vi...

Documents